REPORT on the proposal for a regulation of the European Parliament and of the Council on guidelines for trans-European energy infrastructure and repealing Regulation (EU) No 347/2013
30.9.2021 - (COM(2020)0824 – C9‑0417/2020 – 2020/0360(COD)) - ***I
Committee on Industry, Research and Energy
Rapporteur: Zdzisław Krasnodębski
- DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
- Explanatory Statement
- ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
- OPINION OF THE COMMITTEE ON THE ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY
- OPINION OF THE COMMITTEE ON TRANSPORT AND TOURISM
- OPINION OF THE COMMITTEE ON REGIONAL DEVELOPMENT
- PROCEDURE – COMMITTEE RESPONSIBLE
- FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a regulation of the European Parliament and of the Council on guidelines for trans-European energy infrastructure and repealing Regulation (EU) No 347/2013
(COM(2020)0824 – C9‑0417/2020 – 2020/0360(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2020)0824),
– having regard to Article 294(2) and Article 172 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0417/2020),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the opinion of the European Economic and Social Committee of 24 March 2021[1],
– having regard to the opinion of the Committee of the Regions of 1 July 2021[2],
– having regard to Rules 59 of its Rules of Procedure,
– having regard to the opinions of the Committee on the Environment, Public Health and Food Safety, the Committee on Transport and Tourism and the Committee on Regional Development,
– having regard to the report of the Committee on Industry, Research and Energy (A9-0269/2021),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation
Recital 1
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Text proposed by the Commission |
Amendment |
(1) The Commission has set out, in its Communication of 11 December 2019 entitled ‘The European Green Deal’21 , a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. The Commission’s communication on the Climate Target Plan22 proposing to increase the greenhouse gas emissions’ reduction level to at least 55% by 2030 - an ambition that was endorsed by the European Council on 11 December 2020 - and its underlying impact assessment confirms that the energy mix of the future will be very different from the one of today and underpins the necessity to review and if necessary to revise the energy legislation. The current energy infrastructure investments are clearly insufficient to transform and build the energy infrastructure of the future. That also means infrastructure needs to be in place to support the European energy transition, including rapid electrification, scaling up of renewable electricity generation, the increased use of renewable and low-carbon gases, energy system integration and a higher uptake of innovative solutions. |
(1) The Commission has set out, in its Communication of 11 December 2019 entitled ‘The European Green Deal’21 , a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where the climate neutrality objective is met at the latest by 2050 and where economic growth is decoupled from resource use. The Commission’s communication on the Climate Target Plan22 proposing to increase the greenhouse gas emissions’ reduction level to at least 55 % by 2030 - an ambition that was endorsed by the European Council on 11 December 2020 - and its underlying impact assessment confirms that the energy mix of the future will be very different from the one of today and underpins the necessity to review and if necessary to revise the energy legislation. The current energy infrastructure investments are clearly insufficient to transform and build the energy infrastructure of the future. That also means infrastructure needs to be in place to support the European energy transition, including rapid electrification, scaling up of renewable and fossil free electricity generation, the increased use of renewable and low-carbon gases, energy system integration and a higher uptake of innovative solutions. |
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21 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019. |
21 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019. |
22 Commission Communication - Stepping up Europe’s 2030 climate ambition, Investing in a climate-neutral future for the benefit of our people, COM(2020) 562 final of 17 September 2020 |
22 Commission Communication - Stepping up Europe’s 2030 climate ambition, Investing in a climate-neutral future for the benefit of our people, COM(2020) 562 final of 17 September 2020 |
Amendment 2
Proposal for a regulation
Recital 2
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Text proposed by the Commission |
Amendment |
(2) Following the Commission’s proposals as part of the Clean Energy for All Europeans package, an agreement was reached on a binding Union level target for renewable energy for 2030 of at least 32% of final energy consumption and a headline Union level target for energy efficiency of at least 32,5%. |
(2) The current binding Union level target for renewable energy for 2030 of at least 32 % of final energy consumption and a headline Union level target for energy efficiency of at least 32,5 % will be revised as part of the Union’s increased ambition enshrined in the Regulation (EU) 2021/1119 of the European Parliament and the Council1a and the European Green Deal strategy. |
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1a Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1.). |
Amendment 3
Proposal for a regulation
Recital 4
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Text proposed by the Commission |
Amendment |
(4) Regulation (EU) No 347/2013 of the European Parliament and of the Council23 , the current TEN-E Regulation, lays down rules for the timely development and interoperability of trans-European energy networks in order to achieve the energy policy objectives of the Treaty on the Functioning of the European Union to ensure the functioning of the internal energy market, security of supply and competitive energy markets in the Union, to promote energy efficiency and energy saving and the development of new and renewable forms of energy, and to promote the interconnection of energy networks. Regulation (EU) No 347/2013 puts in place a framework for Member States and relevant stakeholders to work together in a regional setting to develop better-connected energy networks with the aim to connect regions currently isolated from European energy markets, strengthen existing cross-border interconnections, and help integrate renewable energy. By pursuing those objectives, Regulation (EU) No 347/2013 contributes to smart, sustainable and inclusive growth and brings benefits to the entire Union in terms of competitiveness and economic, social and territorial cohesion. |
(4) Regulation (EU) No 347/2013 of the European Parliament and of the Council23 , the current TEN-E Regulation, lays down rules for the timely development and interoperability of trans-European energy networks in order to achieve the energy policy objectives of the Treaty on the Functioning of the European Union to ensure the functioning of the internal energy market, security of supply and competitive energy markets in the Union, to promote energy efficiency and energy saving and the development of new and renewable forms of energy, and to promote the interconnection of energy networks. Regulation (EU) No 347/2013 puts in place a framework for Member States and relevant stakeholders to work together in a regional setting to develop better-connected energy networks with the aim to connect regions currently isolated from European energy markets, strengthen existing and promote new cross-border interconnections, and help integrate renewable energy. By pursuing those objectives, Regulation (EU) No 347/2013 contributes to smart, sustainable and inclusive growth and brings benefits to the entire Union in terms of competitiveness and economic, social and territorial cohesion. |
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23 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009, OJ L 115, 25.4.2013, p. 39–75 |
23 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009, OJ L 115, 25.4.2013, p. 39–75 |
Amendment 4
Proposal for a regulation
Recital 5
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Text proposed by the Commission |
Amendment |
(5) The evaluation of Regulation (EU) No 347/2013 has clearly shown that the framework has effectively improved the integration of Member States’ networks, stimulated energy trade and hence contributed to the competitiveness of the Union. Projects of common interest in electricity and gas have strongly contributed to security of supply. For gas, the infrastructure is now well connected and supply resilience has improved substantially since 2013. Regional cooperation in Regional Groups and through cross-border cost allocation is an important enabler for project implementation. However, in many cases the cross-border cost allocation did not result in reducing the financing gap of the project, as intended. While the majority of permitting procedures have been shortened, in some cases the process is still long. The financial assistance from the Connecting Europe Facility (CEF) has been an important factor as grants for studies have helped projects to reduce risks in the early stages of development, while grants for works have supported projects addressing key bottlenecks that market finance could not sufficiently address. |
(5) The evaluation of Regulation (EU) No 347/2013 has clearly shown that the framework has effectively improved the integration of Member States’ networks, stimulated energy trade and hence contributed to the competitiveness of the Union. Projects of common interest in electricity and gas have strongly contributed to security of supply. Regional cooperation in Regional Groups and through cross-border cost allocation is an important enabler for project implementation. However, in many cases the cross-border cost allocation did not result in reducing the financing gap of the project, as intended. While the majority of permitting procedures have been shortened, in some cases the process is still long. The financial assistance from the Connecting Europe Facility (CEF) has been an important factor as grants for studies have helped projects to reduce risks in the early stages of development, while grants for works have supported projects addressing key bottlenecks that market finance could not sufficiently address. |
Amendment 5
Proposal for a regulation
Recital 5 a (new)
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Text proposed by the Commission |
Amendment |
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(5a) In its resolution of 10 July 2020 on the revision of the guidelines for trans-European energy infrastructure, the European Parliament called for a revision of the Regulation (EU) No 347/2013, taking into account, in particular, the Union’s energy and climate targets for 2030, the Union’s climate neutrality objective and the 'energy efficiency first' principle. |
Amendment 6
Proposal for a regulation
Recital 6
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Text proposed by the Commission |
Amendment |
(6) The TEN-E policy is a central instrument in the development of an internal energy market and necessary to achieve the European Green Deal objectives. To achieve climate neutrality by 2050 and higher levels of greenhouse gas emission reductions by 2030, Europe will need a more integrated energy system, relying on higher levels of electrification based on renewable sources and the decarbonisation of the gas sector. The TEN-E policy can ensure that the Union energy infrastructure development supports the required energy transition to climate neutrality in line with the energy efficiency first principle. |
(6) The TEN-E policy is a central instrument in the development of an internal energy market and necessary to achieve the European Green Deal objectives. To achieve climate neutrality by 2050 at the latest and higher levels of greenhouse gas emission reductions by 2030, Europe will need a more integrated energy system, relying on higher levels of electrification based on additional renewable and low carbon sources and the decarbonisation of the gas sector. The TEN-E policy can ensure that the Union energy infrastructure development supports the required energy transition to climate neutrality in line with the principles of energy efficiency first and technological neutrality while considering the respective potential for emission reduction in the end use. |
Amendment 7
Proposal for a regulation
Recital 7
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Text proposed by the Commission |
Amendment |
(7) While the objectives of Regulation (EU) No 347/2013 remain largely valid, the current TEN-E framework does not yet fully reflect the expected changes to the energy system that will result from the new political context and in particular the upgraded 2030 targets and the 2050 climate neutrality objective under the European Green Deal. Besides the new political context and objectives, technological development has been rapid in the past decade. That development should be taken into account in the infrastructure categories covered by this Regulation, the projects of common interest selection criteria as well as the priority corridors and thematic areas. |
(7) While the objectives of Regulation (EU) No 347/2013 remain largely valid, the current TEN-E framework does not yet fully reflect the expected changes to the energy system that will result from the new political context and in particular the upgraded 2030 targets and the 2050 climate neutrality objective under the European Green Deal. Therefore, both climate mitigation and climate adaptation objectives need to be adequately reflected in the revised TEN-E framework. Besides the new political context and objectives, technological development has been rapid in the past decade. That development should be taken into account in the infrastructure categories covered by this Regulation, the projects of common interest selection criteria as well as the priority corridors and thematic areas. At the same time the revision should not affect a Member State's right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply, in accordance with Article 194 TFEU. |
Amendment 8
Proposal for a regulation
Recital 10
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Text proposed by the Commission |
Amendment |
(10) The Union’s energy infrastructure should be resilient to the unavoidable impacts that climate change is estimated to create in Europe in spite of the mitigation efforts. Hence, strengthening the efforts on climate adaptation, resilience building, disaster prevention and preparedness is crucial. |
(10) The Union’s energy infrastructure should be resilient to the unavoidable impacts that climate change is estimated to create in Europe in spite of the mitigation efforts. Hence, contribute to climate change mitigation, strengthening the efforts on climate adaptation, resilience building, disaster prevention and preparedness is crucial. |
Amendment 9
Proposal for a regulation
Recital 10 a (new)
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Text proposed by the Commission |
Amendment |
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(10a) The development of trans-European energy infrastructure should favour the repurposing of existing infrastructure and equipment, avoiding a waste of resources, in order to comply with strict ecological sustainability criteria; |
Amendment 10
Proposal for a regulation
Recital 11
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Text proposed by the Commission |
Amendment |
(11) Security of supply, as one main driver behind Regulation (EU) No 347/2013, has been significantly improved through projects of common interest. Moreover, the Commission’s climate target impact assessment27 expects the consumption of natural gas to be reduced significantly because its non-abated use is not compatible with carbon-neutrality. On the other hand, the consumption of biogas, renewable and low-carbon hydrogen and synthetic gaseous fuels will increase significantly towards 2050. Therefore, the natural gas infrastructure no longer needs support through the TEN-E policy. The planning of energy infrastructure should reflect this changing gas landscape. |
(11) Security of supply, as one main driver behind Regulation (EU) No 347/2013, has been significantly improved through projects of common interest. Moreover, the Commission’s climate target impact assessment[1] expects the consumption of natural gas to be reduced significantly because its non-abated use is not compatible with carbon-neutrality. On the other hand, the consumption of biogas, renewable and low-carbon hydrogen and synthetic gaseous fuels will increase significantly towards 2050. For gas, the infrastructure is now well connected and supply resilience has improved substantially since 2013. Therefore, the natural gas infrastructure no longer needs support through the TEN-E policy. The planning of energy infrastructure should reflect this changing gas landscape. However, not all Member States are yet connected sufficiently to the European gas network and particularly island Member States continue to face significant challenges in terms of security of supply and energy isolation. Although 78 % of gas projects that are projects of common interest (gas PCIs) are expected to be commissioned by the end of 2025, a number of them are experiencing significant delays, including due to permitting problems. The revision of Regulation (EU) No 347/2013 should not affect negatively uncompleted projects at any priority corridors. Therefore, by way of derogation, natural gas infrastructure projects which were already included in the fourth or fifth Union list of projects of common interest established pursuant to Regulation(EU) No 347/2013 should be able to maintain this status and be eligible for the first Union list of projects of common interest to be established under this Regulation in order to benefit from fast-track treatment by national administration and streamlined permitting procedures, and to materialise the planned and expected market and security of supply improvements as well as their contribution towards emission reduction and air pollution mitigation or to contribute to ending energy isolation of those Member States that are currently not sufficiently connected to the European gas network. This temporary derogation excludes however their eligibility for Union financial assistance in the CEF framework. |
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27 SWD(2020) 176 final |
27 SWD(2020) 176 final |
Amendment 11
Proposal for a regulation
Recital 12
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Text proposed by the Commission |
Amendment |
(12) The importance of smart electricity grids in achieving the Union’s energy and climate policy objectives has been acknowledged in the communication from the Commission on energy system integration28 . The criteria for the category should include technological developments regarding innovation and digital aspects. Furthermore, the role of projects promoters should be clarified. Given the expected significant increase in power demand from the transport sector, in particular for electric vehicles along highways and in urban areas, smart grid technologies should also help to improve energy network related support for cross border high capacity recharging to support the decarbonisation of the transport sector. |
(12) The importance of smart electricity grids in achieving the Union’s energy and climate policy objectives has been acknowledged in the communication from the Commission on energy system integration28 . The criteria for the category should be simplified and include technological developments regarding innovation, digital aspects and the enablement of energy system integration. Furthermore, the role of projects promoters should be clarified. Given the expected significant increase in power demand from the transport sector, in particular for electric vehicles along highways and in urban areas, smart grid technologies should also help to improve energy network related support for cross border high capacity recharging to support the decarbonisation of the transport sector and increase demand for green transport. |
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28 COM(2020) 299 final |
28 COM(2020) 299 final |
Amendment 12
Proposal for a regulation
Recital 13
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Text proposed by the Commission |
Amendment |
(13) The Commission’s communication on energy system integration underlines the need for integrated energy infrastructure planning across energy carriers, infrastructures, and consumption sectors. Such system integration starts from the point of departure of applying the energy efficiency first principle and taking a holistic approach beyond individual sectors. It also addresses the decarbonisation needs of the hard to abate sectors, such as parts of industry or certain modes of transport, where direct electrification is, currently, technically or economically challenging. Such investments include hydrogen and electrolysers, which are progressing towards commercial large-scale deployment. The Commission’s Hydrogen Strategy gives priority to hydrogen production from renewable electricity, which is the cleanest solution and is most compatible with the EU climate neutrality objective. In a transitional phase however, other forms of low-carbon hydrogen are needed to more rapidly replace existing hydrogen and kick-start an economy of scale. |
(13) The Commission’s communication on energy system integration underlines the need for integrated energy infrastructure planning across energy carriers, infrastructures, and consumption sectors. Such system integration starts from the point of departure of applying the energy efficiency first principle and taking a holistic approach in policy and beyond individual sectors. It also addresses the decarbonisation needs of the hard to abate sectors, such as parts of industry or certain modes of transport, where direct electrification is, currently, technically or economically challenging. Such investments include hydrogen and electrolysers, which are progressing towards commercial large-scale deployment. The Commission’s Hydrogen Strategy gives priority to hydrogen production from renewable electricity, which is the cleanest solution and is most compatible with the EU climate neutrality objective. In a transitional phase however, other forms of low-carbon hydrogen are needed to more rapidly decarbonise existing hydrogen production focusing on a diverse range of clean technologies and to kick-start an economy of scale. |
Amendment 13
Proposal for a regulation
Recital 14
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Text proposed by the Commission |
Amendment |
(14) Moreover, the Commission’s Hydrogen Strategy29 concluded that for the required deployment of hydrogen a large-scale infrastructure network is an important element that only the Union and the single market can offer. There is currently very limited dedicated infrastructure in place to transport and trade hydrogen across borders. Such should consist of a significant extent of assets converted from natural gas, complemented by new assets dedicated to hydrogen. Furthermore, the Hydrogen Strategy sets a strategic goal to increase installed electrolyser capacity to 40 GW by 2030 in order to scale up the production of renewable hydrogen and facilitate the decarbonisation of fossil-fuel dependent sectors, such as industry or transport. Therefore, the TEN-E policy should include new and repurposed hydrogen transmission infrastructure and storage as well as electrolyser facilities. Hydrogen transmission and storage infrastructure should also be included in the Union-wide ten-year network development plan so as to allow a comprehensive and consistent assessment of their costs and benefits for the energy system, including their contribution to sector integration and decarbonisation, with the aim of creating a hydrogen backbone for the Union. |
(14) Moreover, the Commission’s Hydrogen Strategy29 concluded that for the required deployment of hydrogen a large-scale infrastructure network is an important element that only the Union and the single market can offer. There is currently very limited dedicated infrastructure in place to transport and trade hydrogen across borders, and to create hydrogen valleys between countries and thus supporting further hydrogen developments in industrial clusters. Such should consist of a significant extent of assets converted from natural gas, complemented by new assets dedicated to hydrogen. Furthermore, the Hydrogen Strategy sets a strategic goal to increase installed electrolyser capacity to 40 GW by 2030 in order to scale up the production of renewable hydrogen and facilitate the decarbonisation of fossil-fuel dependent sectors, such as industry or transport. Therefore, the TEN-E policy should include new and repurposed hydrogen infrastructure, as well as infrastructure for temporary blending solutions, storage as well as electrolyser facilities. Hydrogen high-pressure pipelines and storage infrastructure should also be included in the Union-wide ten-year network development plan so as to allow a comprehensive and consistent assessment of their costs and benefits for the energy system, including their contribution to sector integration and decarbonisation, with the aim of creating a hydrogen backbone for the Union. The new hydrogen category should be aligned with the objectives of the Energy System Integration and the Union’s hydrogen strategies. |
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29 A hydrogen strategy for a climate-neutral Europe, COM(2020) 301 final. |
29 A hydrogen strategy for a climate-neutral Europe, COM(2020) 301 final. |
Amendment 14
Proposal for a regulation
Recital 15
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Text proposed by the Commission |
Amendment |
(15) Moreover, a new infrastructure category should be created for smart gas grids to support investments which integrate renewable and low carbon gases such as biogas, biomethane, and hydrogen, in the network and help manage a resulting more complex system, building on innovative digital technologies. |
(15) Moreover, a new infrastructure category should be created for smart gas grids to support investments which integrate renewable and low carbon gases such as biogas, biomethane, and hydrogen, in the network and help manage a resulting more complex system, building on innovative digital technologies. The eligible low-carbon gases should comply with requirements on low-carbon gases to be adopted by the Commission, including a minimum greenhouse gas emission reduction threshold that is to be established by the Commission. |
Amendment 15
Proposal for a regulation
Recital 15 a (new)
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Text proposed by the Commission |
Amendment |
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(15a) Achieving climate neutrality by 2050 at the latest assumes that there will still be industrial processes that emit carbon dioxide (CO2). Such CO2 is considered to be unavoidable, when its production cannot be avoided despite optimisation, for example through energy efficiency or electrification integrating renewables. The availability of such alternative options, as well as the Best Available Technologies (BAT) and the level of CO2 capturing rates differ in the various industries using CCS technologies and is constantly evolving. The Commission should closely follow these developments to periodically adapt BATs and appropriate minimum capture rates in the range of 70-90 % per industry and technology, in order to ensure that the development of CO2 infrastructure would not result in lock-in effects or slow-down roll-out of emissions-free technologies, but to lead to a significant net reduction of otherwise unavoidable emissions in the absence of reasonable alternatives. This will also ensure adequate support in overcoming technological, infrastructural and commercialisation barriers, including through the TEN-E framework. |
Amendment 16
Proposal for a regulation
Recital 15 b (new)
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Text proposed by the Commission |
Amendment |
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(15b) Moreover, a new infrastructure category should be created for district heating and cooling systems. Co-operation between electricity and district heating and cooling sectors needs to be intensified to better reflect demand response and flexibility from storage in energy network investment. Furthermore, risk-mitigation instruments and flanking measures should be introduced to reduce the perceived risks and fragmented nature of renewable heating and cooling solutions. |
Amendment 17
Proposal for a regulation
Recital 16
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Text proposed by the Commission |
Amendment |
(16) Regulation (EU) No 347/2013 requires a candidate project of common interest to prove a significant contribution to at least one criterion from a set of criteria in the process for the elaboration of the Union list, which may, but does not need to, include sustainability. That requirement, in line with the specific needs of the internal energy market at the time, enabled development of projects of common interest which addressed only security of supply risks even if they did not demonstrate benefits in terms of sustainability. However, given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which “Union expenditure should be consistent with Paris Agreement objectives and the "do no harm" principle of the European Green Deal, sustainability in terms of the integration of renewable energy sources into the grid or the reduction of greenhouse gas emissions, as relevant, should be assessed in order to ensure that TEN-E policy is coherent with energy and climate policy objectives of the Union. The sustainability of CO2 transport networks is addressed by their purpose to transport carbon dioxide. |
(16) Regulation (EU) No 347/2013 requires a candidate project of common interest to prove a significant contribution to at least one criterion from a set of criteria in the process for the elaboration of the Union list, which may, but does not need to, include sustainability. That requirement, in line with the specific needs of the internal energy market at the time, enabled development of projects of common interest which addressed only security of supply risks even if they did not demonstrate benefits in terms of sustainability. However, given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which “Union expenditure should be consistent with Paris Agreement objectives and the "do no harm" principle of the European Green Deal, sustainability in terms of the integration of renewable energy sources into the grid or the reduction of greenhouse gas emissions, as relevant, should be assessed in order to ensure that TEN-E policy is coherent with energy and climate policy objectives of the Union taking into account the specificities of each Member State and the needs to implement different pathways towards decarbonisation. The sustainability of CO2 transport networks is addressed by assessing a level of net reduction of CO2 emissions along the whole project lifecycle and the absence of alternative technological solutions to achieve the same level of CO2 reduction. |
Amendment 18
Proposal for a regulation
Recital 17
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Text proposed by the Commission |
Amendment |
(17) The Union should facilitate infrastructure projects linking the Union’s energy networks with third-country networks that are mutually beneficial and necessary for the energy transition and the achievement of the climate targets, and which also meet the specific criteria of the relevant infrastructure categories pursuant to this Regulation, in particular with neighbouring countries and with countries with which the Union has established specific energy cooperation. Therefore, this Regulation should include in its scope projects of mutual interest where they are sustainable and able to demonstrate significant net socio-economic benefits for at least two Member States and at least one third country. Such projects would be eligible for inclusion in the Union list upon conditions of regulatory approximation with the Union and upon demonstrating a contribution to the Union’s overall energy and climate objectives in terms of security of supply and decarbonisation. Such regulatory alignment or convergence should be presumed for the European Economic Area or Energy Community Contracting Parties. In addition, the third country with which the Union cooperates in the development of projects of mutual interest should facilitate a similar timeline for accelerated implementation and other policy support measures, as stipulated in this Regulation. Therefore, in this Regulation, projects of mutual interest should be considered in the same manner as projects of common interest with all provisions relative to projects of common interest applying also to projects of mutual interest, unless otherwise specified. |
(17) The Union should facilitate infrastructure projects linking the Union’s networks with third-country networks that are mutually beneficial and necessary for the energy transition and the achievement of the climate targets, and which also meet the specific criteria of the relevant infrastructure categories pursuant to this Regulation, in particular with neighbouring countries and with countries with which the Union has established specific energy cooperation. Therefore, this Regulation should include in its scope projects of mutual interest where they are sustainable and able to demonstrate significant net socio-economic benefits for at least two Member States and at least one third country to secure future and fair cooperation. Such projects would be eligible for inclusion in the Union list upon conditions of regulatory approximation with the Union and effective implementation of thereof and upon demonstrating a contribution to the Union’s and the third countries’ overall energy and climate objectives in terms of security of supply and decarbonisation. Such regulatory alignment or convergence should be presumed for the European Economic Area or Energy Community Contracting Parties or can be demonstrated in the case of other third countries through bilateral agreements that include relevant provisions on climate and energy policy objectives on decarbonisation and further assessed by an appropriate Regional Group with the support of the Commission. In addition, the third country with which the Union cooperates in the development of projects of mutual interest should facilitate a similar timeline for accelerated implementation and other policy support measures, as stipulated in this Regulation. Therefore, in this Regulation, projects of mutual interest should be considered in the same manner as projects of common interest with all provisions relative to projects of common interest applying also to projects of mutual interest, unless otherwise specified. |
Amendment 19
Proposal for a regulation
Recital 18
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Text proposed by the Commission |
Amendment |
(18) Furthermore, to achieve the Union’s 2030 and 2050 climate and energy targets and climate neutrality objective, Europe needs to significantly scale up renewable electricity generation. The existing infrastructure categories for electricity transmission and storage are crucial for the integration of the significant increase in renewable electricity generation in the power grid. In addition, that requires stepping up investment in offshore renewable energy30 . Coordinating long-term planning and development of offshore and onshore electricity grids should also be addressed. In particular, offshore infrastructure planning should move away from the project-by-project approach towards a coordinated comprehensive approach ensuring the sustainable development of integrated offshore grids in line with the offshore renewable potential of each sea basin, environmental protection and other uses of the sea. |
(18) Furthermore, to achieve the Union’s 2030 and 2050 climate and energy targets and climate neutrality objective, Europe needs to significantly scale up renewable electricity generation. The existing infrastructure categories for electricity transmission and storage are crucial for the integration of the significant increase in renewable electricity generation in the power grid. In addition, that requires stepping up investments in offshore renewable energy30 to ensure that the technology matures and becomes more cost-efficient. That includes radial links connecting new offshore wind capacities, as well as hybrid integrated projects. Coordinating long-term planning and development of offshore and onshore electricity grids should also be addressed,. In particular, offshore infrastructure planning should move away from the project-by-project approach towards a coordinated comprehensive approach ensuring the sustainable development of integrated offshore grids in line with the offshore renewable potential of each sea basin, environmental protection and other uses of the sea. An approach based on voluntary cooperation between Member States should be supported. Member States should remain responsible for approving the projects of common interest which are related to their territory and the related costs, and to should be able to independently determine their energy mix in accordance with the Article 194 TFEU. |
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30 Offshore Strategy Communication |
30 Offshore Strategy Communication |
Amendment 20
Proposal for a regulation
Recital 19
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Text proposed by the Commission |
Amendment |
(19) Relevant Member States should be able to assess the benefits and costs of the afferent sea basin offshore grids for renewable energy and carry out a preliminary cost sharing analysis at sea basin level to underpin joint political commitments for offshore renewable energy development at sea-basis level. Therefore, the Commission should develop uniform principles for a cost-benefit and cost-sharing methodology for the deployment of the integrated offshore network development plans which should enable Member States to carry out an adequate assessment. |
(19) The possibilities of producing offshore wind power differ across the Union. Relevant Member States should be able to assess the benefits and costs of the afferent sea basin integrated offshore network for renewable energy and carry out a preliminary cost sharing analysis at sea basin level to underpin joint political commitments for offshore renewable energy development at sea-basis level. Therefore, the Agency should develop uniform principles for a cost-benefit and cost-sharing methodology for the deployment of the integrated offshore network development plans which should enable Member States to carry out an adequate assessment. |
Amendment 21
Proposal for a regulation
Recital 20
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Text proposed by the Commission |
Amendment |
(20) The Union-wide ten-year network development plan process as basis for the identification of projects of common interest in the categories of electricity and gas has proven to be effective. However, while the European Network of Transmission System Operators for Electricity and for Gas (ENTSOs) and transmission system operators have an important role to play in the process, more scrutiny is required, in particular as regards defining the scenarios for the future, identifying long-term infrastructure gaps and bottlenecks and assessing individual projects, to enhance trust in the process. Therefore, due to the need for independent validation, the Agency for the Cooperation of Energy Regulators (‘the Agency’) and the Commission should have an increased role in the process, including in the process for drawing up the Union-wide ten-year network development plan pursuant to Regulation (EU) 2019/943 of the European Parliament and of the Council31 and Regulation (EC) No 715/2009 of the European Parliament and of the Council32 . |
(20) The Union-wide ten-year network development plan process as basis for the identification of projects of common interest in the categories of electricity and gas has proven to be effective. However, while the European Network of Transmission System Operators for Electricity and for Gas (ENTSOs) and transmission system operators have an important role to play in the process, more scrutiny is required, in particular as regards defining the scenarios for the future, identifying long-term infrastructure gaps and bottlenecks and assessing individual projects, to enhance trust in the process. Therefore, due to the need for independent validation, the Agency for the Cooperation of Energy Regulators (‘the Agency’) and the Commission should have an increased role in the process, including in the process for drawing up the Union-wide ten-year network development plan pursuant to Regulation (EU) 2019/943 of the European Parliament and of the Council31 and Regulation (EC) No 715/2009 of the European Parliament and of the Council32 . The decision-making under TEN-E framework would benefit from the inclusion of objective, science-based input from an independent scientific body such as the European Scientific Advisory Board on Climate Change (the ‘Advisory Board’). That decision-making process should be organised in the most effective manner to avoid duplication. |
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31 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54). |
31 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54). |
32 Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ L 211, 14.8.2009, p. 36). |
32 Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ L 211, 14.8.2009, p. 36). |
Amendment 22
Proposal for a regulation
Recital 20 a (new)
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Text proposed by the Commission |
Amendment |
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(20a) In line with the conclusions of the 2020 Energy Infrastructure Forum, it is necessary to ensure that all relevant sectors, such as gas, electricity, heating and transport, are considered in an integrated perspective in the planning processes of all onshore and offshore, transmission and distribution infrastructure. In order to comply with the Paris Agreement and to achieve Union’s 2030 climate objectives, the 2040 offshore energy development objectives and in the line with the target of climate neutrality at the latest by 2050, TEN-E framework should rely on a smarter, more integrated, long-term and optimized “one energy system” view through deployment of a framework that enables greater coordination of infrastructure planning across different sectors and creates opportunity to optimally integrate various coupling solutions involving different network elements between various infrastructures. This should be secured by developing single sector integrated methodologies that will provide consistency between each other and will reflect interdependencies between all relevant market players. Furthermore, this should be ensured by a common cost-benefit methodology for cross-sectorial assessments developed as a part of the integrated model by ENTSOs, as well as a strong involvement of different sectors in the process through a dedicated Energy Infrastructure Stakeholders Committee. |
Amendment 23
Proposal for a regulation
Recital 21
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Text proposed by the Commission |
Amendment |
(21) It is important to ensure that only infrastructure projects for which no reasonable alternative solutions exist may receive the status of project of common interest. For that purpose, the infrastructure gaps identification will follow the energy efficiency first principle and consider with priority all relevant non-infrastructure related solutions to address the identified gaps. In addition, during project implementation, project promoters should report on the compliance with environmental legislation and demonstrate that projects do no significant harm to the environment in accordance with Article 17 of Regulation (EC) 2020/85233 . For existing projects of common interest having reached sufficient maturity, this will be taken into account during project selection for subsequent Union list by the regional groups. |
(21) It is important to ensure that only infrastructure projects for which no reasonable alternative solutions exist may receive the status of project of common interest. To that end, the ‘energy efficiency first’ principle, as elaborated in the revised Energy Efficiency Directive and Commission initiative on 'The ‘energy efficiency first’ principle - practical implementation guidelines for decision makers”, should be integrated throughout the infrastructure planning and project assessment process. In line with ‘energy efficiency first’ principle all relevant alternatives for the optimisation of the existing transmission systems that could contribute to address the gaps identified in the phase of the infrastructure gap identification should be considered, and whenever they are more cost-efficient on a system-wide perspective as per cost-benefit analysis than the construction of new infrastructure, those alternative solutions should be implemented. The Regional Groups, assisted by the national regulatory authorities, should consider the assumptions and outcomes of the infrastructure gaps assessment developed in line with this Regulation and ensure that the ‘energy efficiency first’ principle is fully reflected in the PCI selection process. In addition, during project implementation, project promoters should report on the compliance with environmental legislation and demonstrate that projects do no significant harm to the environment in accordance with Article 17 of Regulation (EC) 2020/85233 . For existing projects of common interest having reached sufficient maturity, this will be taken into account during project selection for subsequent Union list by the regional groups. |
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33 Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088, OJ L 198, 22.6.2020, p. 13 |
33 Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088, OJ L 198, 22.6.2020, p. 13 |
Amendment 24
Proposal for a regulation
Recital 22
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Text proposed by the Commission |
Amendment |
(22) To ensure voltage and frequency stability, particular attention should be given to the stability of the European electricity network under the changing conditions, especially in view of the growing share of renewable electricity. |
(22) To ensure voltage and frequency stability, particular attention should be given to the stability of the European electricity network as well as the capacity of cross-border infrastructure for transmission under the changing conditions, especially in view of the growing share of flexibility options, such as sustainable energy storage, and renewable electricity. Efforts to maintain and guarantee a satisfactory level of planned low-carbon energy production, in order to ensure security of supply for citizens and businesses, should be given particular priority. |
Amendment 25
Proposal for a regulation
Recital 23
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Text proposed by the Commission |
Amendment |
(23) Following close consultations with all Member States and stakeholders, the Commission has identified 13 strategic trans-European energy infrastructure priorities, the implementation of which is essential for the achievement of the Union’s 2030 and 2050 energy and climate policy targets. Those priorities cover different geographic regions or thematic areas in the field of electricity transmission and storage, offshore grids for renewable energy, hydrogen transmission and storage, electrolysers, smart gas grids, smart electricity grids, and carbon dioxide transport. |
(23) Following close consultations with all Member States and stakeholders, the Commission has identified 13 strategic trans-European energy infrastructure priorities, the implementation of which is essential for the achievement of the Union’s 2030 and 2050 energy and climate policy targets. Those priorities cover different geographic regions or thematic areas in the field of electricity transmission and storage, offshore grids for renewable energy, hydrogen transmission and storage, electrolysers, smart gas grids, smart electricity grids, and carbon dioxide transport and storage. |
Amendment 26
Proposal for a regulation
Recital 25 a (new)
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Text proposed by the Commission |
Amendment |
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(25a) In order to increase efficiency of the process, the cooperation between the regional groups should be strengthened and further encouraged. It is necessary that the Commission plays an important role in facilitating that cooperation with a view to addressing possible impacts of projects on other regional groups. |
Amendment 27
Proposal for a regulation
Recital 27
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Text proposed by the Commission |
Amendment |
(27) Projects of common interest should be implemented as quickly as possible and should be closely monitored and evaluated, while keeping the administrative burden for project promoters to a minimum. The Commission should nominate European coordinators for projects facing particular difficulties. The progress in the implementation of the specific projects as well as the fulfilment of the obligations pertaining to this Regulation should be taken into account in the selection process for subsequent Union lists for the respective projects. |
(27) Projects of common interest should be implemented as quickly as possible and should be closely monitored and evaluated, while duly respecting the requirements for stakeholder participation and environmental legislation and keeping the administrative burden for project promoters to a minimum. The Commission should nominate European coordinators for projects facing particular difficulties or delays. The progress in the implementation of the specific projects as well as the fulfilment of the obligations pertaining to this Regulation should be taken into account in the selection process for subsequent Union lists for the respective projects. |
Amendment 28
Proposal for a regulation
Recital 29
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Text proposed by the Commission |
Amendment |
(29) The planning and implementation of Union projects of common interest in the areas of energy, transport and telecommunication infrastructure should be coordinated to generate synergies whenever it is feasible from an overall economic, technical, environmental, climate or spatial planning point of view and with due regard to the relevant safety aspects. Thus, during the planning of the the various European networks, it should be possible to give preference to integrating transport, communication and energy networks in order to ensure that as little land as possible is taken up, whilst ensuring, where possible, that existing or disused routes are reused, in order to reduce to a minimum any negative social, economic, environmental, climate and financial impact. |
(29) The planning and implementation of Union projects of common interest in the areas of energy, transport and telecommunication infrastructure should be coordinated to generate synergies whenever it is feasible from an overall economic, technical, environmental, climate or spatial planning point of view and with due regard to the energy system integration strategy, taking into account relevant safety aspects. Thus, during the planning of the various European networks, it should be possible to give preference to integrating transport, communication and energy networks in order to ensure that as little land as possible is taken up. A common vision on the networks is necessary for energy system integration in the different sectors, whilst ensuring, where possible, that existing or disused routes are reused, in order to reduce to a minimum any negative social, economic, environmental, climate and financial impact. |
Amendment 29
Proposal for a regulation
Recital 31 a (new)
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Text proposed by the Commission |
Amendment |
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(31a) It is essential that stakeholders, including civil society, are provided with information and consulted, in order to ensure the success of projects and to limit objections against them. |
Amendment 30
Proposal for a regulation
Recital 32
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Text proposed by the Commission |
Amendment |
(32) In order to reduce complexity, increase efficiency and transparency and help enhance cooperation among Member States there should be a competent authority or authorities integrating or coordinating all permit granting processes (‘one-stop shop’). |
(32) In order to reduce complexity, increase efficiency and transparency and help enhance cooperation among Member States, they should create unique points of contact. |
Amendment 31
Proposal for a regulation
Recital 33
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Text proposed by the Commission |
Amendment |
(33) In order to simplify and expedite the permitting process for offshore grids for renewable energy, the Member States around a particular sea basin should create unique points of contact, referred to as an ‘offshore one-stop shop’, in view of regional specificities and geography, for the for facilitating and coordinating the process of granting of permits to such projects. Moreover, the establishment of a one-stop shop per sea basin for offshore grids for renewable energy should reduce complexity, increase efficiency and speed up the permitting process of offshore transmission assets often crossing many jurisdictions. |
(33) In order to simplify and expedite the permitting process for offshore networks for renewable energy, the Member States around a particular sea basin should create unique points of contact, taking into account regional specificities and geography, reducing administrative burden for project developers, and facilitating the process of granting of permits to such projects. Moreover, the establishment of a unique point of contact,per sea basin for offshore networks for renewable energy should reduce complexity, increase efficiency and speed up the permitting process of offshore transmission assets often crossing many jurisdictions. |
Amendment 32
Proposal for a regulation
Recital 38
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Text proposed by the Commission |
Amendment |
(38) The costs for the development, construction, operation and maintenance of projects of common interest should in general be fully borne by the users of the infrastructure. Projects of common interest should be eligible for cross-border cost allocation where an assessment of market demand or of the expected effects on the tariffs indicate that costs cannot be expected to be recovered by the tariffs paid by the infrastructure users. |
(38) The costs for the development, construction, operation and maintenance of projects of common interest should in general be fully borne by the users of the infrastructure. The cost allocation should ensure that end-users are not disproportionately burdened, especially if that could lead to energy poverty. Projects of common interest should be eligible for cross-border cost allocation where an assessment of market demand or of the expected effects on the tariffs indicate that costs cannot be expected to be recovered by the tariffs paid by the infrastructure users. |
Amendment 33
Proposal for a regulation
Recital 39
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Text proposed by the Commission |
Amendment |
(39) The discussion on the appropriate allocation of costs should be based on the analysis of the costs and benefits of an infrastructure project carried out on the basis of a harmonised methodology for energy-system-wide analysis, using the same scenario used at the time when the project was included in the Union list of projects of common interest, in the framework of the Union-wide ten-year network development plans prepared by the European Networks of Transmission System Operators pursuant to Regulation (EU) 2019/943 and (EC) No 715/2009, and reviewed by the Agency. That analysis can take into consideration indicators and corresponding reference values for the comparison of unit investment costs. |
(39) The discussion on the appropriate allocation of costs should be based on the analysis of the costs and benefits of an infrastructure project carried out on the basis of a harmonised methodology for energy-system-wide analysis, using all relevant scenarios established in the framework of the Union-wide ten-year network development plans prepared by the European Networks of Transmission System Operators pursuant to Regulation (EU) 2019/943 and (EC) No 715/2009, and reviewed by the Agency and other scenarios for network development planning, 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. That analysis can take into consideration indicators and corresponding reference values for the comparison of unit investment costs. |
Amendment 34
Proposal for a regulation
Recital 40
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Text proposed by the Commission |
Amendment |
(40) In an increasingly integrated internal energy market, clear and transparent rules for cost allocation across borders are necessary in order to accelerate investment in cross-border infrastructure. It is essential to ensure a stable financing framework for the development of projects of common interest while minimising the need for financial support. In deciding on cross-border cost allocation, national regulatory authorities should allocate investment costs across borders in their entirety and include them in the national tariffs, and, afterwards determine whether their impact on national tariffs could represent a disproportionate burden for consumers. The national regulatory authorities should avoid the risks of double support for projects by taking into account actual or estimated charges and revenues. Those charges and revenues should be taken into account only insofar as they relate to the projects and designed to cover the costs concerned. |
(40) In an increasingly integrated internal energy market, clear and transparent rules for cost allocation across borders are necessary in order to accelerate investment in cross-border infrastructure and projects with cross-border impacts. It is essential to ensure a stable financing framework for the development of projects of common interest while minimising the need for financial support, and at the same time to encourage interested investors, with appropriate incentives and financial mechanisms, so that in the development phase the final electricity price is not burdened by tariffs. In deciding on cross-border cost allocation, national regulatory authorities should allocate investment costs across borders in their entirety and include them in the national tariffs, and, afterwards determine whether their impact on national tariffs could represent a disproportionate burden for consumers. The national regulatory authorities should avoid the risks of double support for projects by taking into account actual or estimated charges and revenues. Those charges and revenues should be taken into account only insofar as they relate to the projects and designed to cover the costs concerned. |
Amendment 35
Proposal for a regulation
Recital 40 a (new)
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Text proposed by the Commission |
Amendment |
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(40a) The needs of an integrated energy market go beyond a physical cross-border footprint of infrastructure projects in order to contribute to the TEN-E pillars, such as sustainability or security of supply. There is a need for cross-border projects that have a positive effect on the Union's power grid, such as smart electricity grids or electrolysers, without involving a physical common border. |
Amendment 36
Proposal for a regulation
Recital 45
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Text proposed by the Commission |
Amendment |
(45) Regulation (EU) No 347/2013 has demonstrated the added value of leveraging private funding through significant Union financial assistance to allow the implementation of projects of European significance. In the light of the economic and financial situation, and budgetary constraints, targeted support, through grants and financial instruments, should continue under the multiannual financial framework, in order to attract new investors into the energy infrastructure priority corridors and areas, while keeping the budgetary contribution of the Union to a minimum. |
(45) Regulation (EU) No 347/2013 has demonstrated the added value of leveraging private funding through significant Union financial assistance to allow the implementation of projects of European significance. In the light of the economic and financial situation, and budgetary constraints, targeted support, through grants and financial instruments, should continue under the multiannual financial framework, in order to maximise the benefits to Union citizens and to attract new investors into the energy infrastructure priority corridors and areas, while keeping the budgetary contribution of the Union to a minimum. |
Amendment 37
Proposal for a regulation
Recital 47
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Text proposed by the Commission |
Amendment |
(47) Grants for works related to projects of mutual interest should be available only for the investments located on the territory of the Union and only in case where at least two Member States contribute financially in a significant manner to the investment costs of the project in view of its benefits. |
(47) Grants for works related to projects of mutual interest should be available only for the parts of investments located on the territory of the Union and only in case where at least two Member States contribute financially in a significant manner to the investment costs of the project in view of its benefits. |
Amendment 38
Proposal for a regulation
Recital 50 – indent 1
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Text proposed by the Commission |
Amendment |
— to supplement this Regulation by reviewing the scope and composition of the priority corridors and thematic areas and adopting new lists of priority corridors and thematic areas; |
deleted |
Amendment 39
Proposal for a regulation
Recital 50 – indent 2
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Text proposed by the Commission |
Amendment |
— to amend annexes to this Regulation so as to adopt and review the Union list of projects of common interest, while respecting the right of the Member States and third countries to approve projects of common interest or projects of mutual interest related to their territory. |
— annexes to this Regulation so as to adopt and review the Union list of projects of common interest, while respecting the right of the Member States and third countries to approve projects of common interest or projects of mutual interest related to their territory. |
Amendment 40
Proposal for a regulation
Recital 51
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Text proposed by the Commission |
Amendment |
(51) In order to ensure uniform conditions for the implementation of this Regulation as regards cross-border cost allocation procedures and enable Member States to assess benefits and costs of the afferent sea basin offshore grids for renewable energy, in view also of the market and financial arrangements for the generation sites, such as support already granted, and carry out a preliminary cost sharing analysis at sea basin level, implementing powers in accordance with Article 291 of the Treaty on the Functioning of the European Union should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council45 . The advisory procedure should be used for the adoption of those implementing acts. |
deleted |
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45 OJ L 55, 28.2.2011, p. 13. |
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Amendment 41
Proposal for a regulation
Recital 52
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Text proposed by the Commission |
Amendment |
(52) Since the objectives of this Regulation, namely the development and interoperability of trans-European energy networks and connection to such networks, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
(52) Since the objectives of this Regulation, namely the development and interoperability of trans-European energy networks and connection to such networks and infrastructure that contribute to the Union’s 2030 climate and energy targets, the climate neutrality objective at the latest by 2050 and energy security, market integration and competition for all Member States, as well as affordability and accessibility of energy carriers, economic and social development and cohesion across the Union cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
Amendment 42
Proposal for a regulation
Article 1 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. This Regulation lays down guidelines for the timely development and interoperability of the priority corridors and areas of trans-European energy infrastructure set out in Annex I (‘energy infrastructure priority corridors and areas’) that contribute to the Union’s 2030 climate and energy targets and the climate neutrality objective by 2050. |
1. This Regulation lays down guidelines for the timely development and interoperability of the priority corridors and areas of trans-European energy infrastructure set out in Annex I (‘energy infrastructure priority corridors and areas’) that contribute to ensuring climate change mitigation and, in particular, achievingthe Union’s 2030 climate and energy targets, as set out in Article 2(11) of Regulation (EU) 2018/1999 of the European Parliament and of the Council, the climate neutrality objective at the latest by 2050 and energy security, market integration and competition for all Member States, as well as the affordability and accessibility of energy carriers, economic and social development and cohesion across the Union. |
Amendment 43
Proposal for a regulation
Article 1 – paragraph 2 – point b
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Text proposed by the Commission |
Amendment |
(b) facilitates the timely implementation of projects of common interest by streamlining, coordinating more closely, and accelerating permit granting processes and by enhancing public participation; |
(b) facilitates the timely implementation of projects of common interest and projects of mutual interest by streamlining, coordinating more closely, and accelerating permit granting processes and by enhancing public participation; |
Amendment 44
Proposal for a regulation
Article 1 – paragraph 2 – point c
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Text proposed by the Commission |
Amendment |
(c) provides rules and guidance for the cross-border allocation of costs and risk-related incentives for projects of common interest; |
(c) provides rules and guidance for the cross-border allocation of costs and risk-related incentives for projects of common interest and projects of mutual interest; |
Amendment 45
Proposal for a regulation
Article 1 – paragraph 2 – point d
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Text proposed by the Commission |
Amendment |
(d) determines the conditions for eligibility of projects of common interest for Union financial assistance; |
(d) determines the conditions for eligibility of projects of common interest and projects of mutual interest for Union financial assistance; |
Amendment 46
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
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Text proposed by the Commission |
Amendment |
In addition to the definitions in Directives 2009/73/EC, (EU) 2018/200146 and (EU) 2019/944 of the European Parliament and of the Council and in Regulations (EC) No 715/2009, (EU) 2019/942, and (EU) 2019/943, the following definitions shall apply for the purposes of this Regulation: |
In addition to the definitions in Directives 2009/73/EC, (EU) 2018/200146 and (EU) 2019/944 of the European Parliament and of the Council and in Regulations (EC) No 715/2009, (EU) 2019/942, (EU) 2018/1999 and (EU) 2019/943, the following definitions shall apply for the purposes of this Regulation; |
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46 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82 |
46 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82 |
Amendment 47
Proposal for a regulation
Article 2 – paragraph 1 – point 1
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Text proposed by the Commission |
Amendment |
(1) ‘energy infrastructure’ means any physical equipment or facility falling under the energy infrastructure categories which is located within the Union, or linking the Union and one or more third countries; |
(1) ‘energy infrastructure’ means any physical equipment or facility to transport, convert, aggregate, monitor, manage or store energy falling under the energy infrastructure categories which is located within the Union, or linking the Union and one or more third countries; |
Amendment 48
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
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Text proposed by the Commission |
Amendment |
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(1b) ‘security of supply’ or ‘energy security’ means the continuous and uninterrupted availability of energy by increasing efficiency and interoperability of transmission and distribution networks, promoting system flexibility, avoiding congestions, ensuring resilient supply chains, cybersecurity and the protection and climate adaptation of all, and in particular, ‘critical’ infrastructure while reducing strategic energy dependencies; |
Amendment 49
Proposal for a regulation
Article 2 – paragraph 1 – point 4
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Text proposed by the Commission |
Amendment |
(4) ‘project of common interest’ means a project necessary to implement the energy infrastructure priority corridors and areas set out in Annex I and which is part of the Union list of projects of common interest referred to in Article 3; |
(4) ‘project of common interest’ means a project necessary to implement the energy infrastructure priority corridors and areas set out in Annex I to this Regulation or projects set out in Annex II to this Regulation developed in islands that are not interconnected or not sufficiently connected to the trans-European energy networks and that are small isolated systems or small connected systems, as defined in Article 2, points (42) and (43), of Directive (EU) 2019/944, and that contribute significantly to the decarbonisation objectives of the island energy system and those of the Union, and to sustainability in the territory in which it is located, and which is part of the Union list of projects of common interest referred to in Article 3 of this Regulation; |
Amendment 50
Proposal for a regulation
Article 2 – paragraph 1 – point 5
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Text proposed by the Commission |
Amendment |
(5) ‘project of mutual interest’ means a project promoted by the Union in cooperation with third countries; |
(5) ‘project of mutual interest’ means a project promoted by the Union in cooperation with third countries that falls under one of the categories set out in point 1(a), 1(e), 3(a) or 5(a) of Annex II, that contributes to the Union’s overall energy and climate objectives, and that is part of the Union list of projects referred to in Article 3. |
Amendment 51
Proposal for a regulation
Article 2 – paragraph 1 – point 6
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Text proposed by the Commission |
Amendment |
(6) ‘energy infrastructure bottleneck’ means limitation of physical flows in an energy system due to insufficient transmission capacity, which includes inter alia the absence of infrastructure; |
(6) ‘energy infrastructure bottleneck’ means limitation of physical flows in an energy system due to insufficient transmission capacity, which includes inter alia the absence of infrastructure, storage, conversion or demand response aggregation; |
Amendment 52
Proposal for a regulation
Article 2 – paragraph 1 – point 7 – point a
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Text proposed by the Commission |
Amendment |
(a) a transmission system operator (TSO), distribution system operator or other operator or investor developing a project of common interest; |
(a) a transmission system operator (TSO), distribution system operator (DSO) or other operator or investor developing a project of common interest; |
Amendment 53
Proposal for a regulation
Article 2 – paragraph 1 – point 8
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Text proposed by the Commission |
Amendment |
(8) ‘smart electricity grid’ means an electricity network where the grid operator can digitally monitor the actions of the users connected to it, and information and communication technologies (ICT) for communicating with related grid operators, generators, consumers and/or prosumers, with a view to transmitting electricity in a sustainable, cost-efficient and secure way; |
(8) ‘smart electricity grid’ means an electricity network that can integrate, in a cost efficient manner, the behaviour and actions of all users connected to it, including generators, consumers and prosumers, in order to ensure an economically efficient and sustainable power system with low losses and high levels of renewable sources integration, security of supply and safety and in which the grid operator can digitally monitor the actions of the users connected to it, and information and communication technologies (ICT) for communicating with related grid operators, generators, energy storage facilities, and consumers and/or prosumers, with a view to transmitting electricity in a sustainable, cost-efficient and secure way; |
Amendment 54
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
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Text proposed by the Commission |
Amendment |
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(9a) ‘grid operator’ means TSO or DSO. |
Amendment 55
Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
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Text proposed by the Commission |
Amendment |
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(9b) ‘repurposing’ means the technical upgrade or modification of existing natural gas infrastructure for the use of pure hydrogen; |
Amendment 56
Proposal for a regulation
Article 2 – paragraph 1 – point 9 c (new)
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Text proposed by the Commission |
Amendment |
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(9c) ‘district heating and cooling’ means an efficient district heating and cooling as defined in Article 2, point 41 of Directive 2012/27/EU; |
Amendment 57
Proposal for a regulation
Article 2 – paragraph 1 – point 11
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Text proposed by the Commission |
Amendment |
(11) ‘works’ means the purchase, supply and deployment of components, systems and services including software, the carrying out of development and construction and installation activities relating to a project, the acceptance of installations and the launching of a project; |
(11) ‘works’ means the purchase, supply and deployment of components, systems and services including software, the carrying out of development, repurposing and construction and installation activities relating to a project, the acceptance of installations and the launching of a project; |
Amendment 58
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
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Text proposed by the Commission |
Amendment |
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(14a) ‘dedicated hydrogen assets’ means infrastructure ready to accommodate pure hydrogen without further adaptation works, including pipeline networks or storage; |
Amendment 59
Proposal for a regulation
Article 2 – paragraph 1 – point 15
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Text proposed by the Commission |
Amendment |
(15) ‘relevant national regulatory authorities’ means the national regulatory authorities in the Member States to which the project provides a significant positive impact; |
(15) ‘relevant national regulatory authorities’ means the national regulatory authorities in the Member States hosting the projects and in Member States to which the project provides a significant positive impact; |
Amendment 60
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1
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Text proposed by the Commission |
Amendment |
The Commission shall be empowered to adopt delegated acts in accordance with Article 20 supplementing this Regulation concerning the scope and composition of the priority corridors and areas. |
deleted |
Amendment 61
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point b a (new)
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Text proposed by the Commission |
Amendment |
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(ba) it shall prepare and publish a report containing at least a description of each individual project, the promoter’s presentations, the methodology adopted by the Group and a justification showing how the selected projects contribute to objectives set out in Article 1(1). |
Amendment 62
Proposal for a regulation
Article 3 – paragraph 4 – introductory part
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Text proposed by the Commission |
Amendment |
The Commission shall be empowered to adopt delegated acts in accordance with Article 20 of this Regulation amending annexes to this Regulation in order to establish the Union list of projects of common interest (‘Union list’), subject to the second paragraph of Article 172 of the Treaty on the Functioning of the European Union. |
The Commission shall be empowered to adopt delegated acts in accordance with Article 20 of this Regulation in order to establish the Union list of projects of common interest (‘Union list’), subject to the second paragraph of Article 172 of the Treaty on the Functioning of the European Union. |
Amendment 63
Proposal for a regulation
Article 3 – paragraph 5 – point a
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Text proposed by the Commission |
Amendment |
(a) ensure that only those projects that fulfil the criteria referred to in Article 4 are included; |
(a) ensure that only those projects that fulfil the criteria referred to in Article 4 and natural gas projects referred to in Article 24b are included in the Union list; |
Amendment 64
Proposal for a regulation
Article 3 – paragraph 6
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Text proposed by the Commission |
Amendment |
6. Projects of common interest included on the Union list pursuant to paragraph 4 of this Article under the energy infrastructure categories set out in points (1)(a), (b), (c) and (e) of Annex II, shall become an integral part of the relevant regional investment plans under Article 34 of Regulation (EU) 2019/943 and Article 12 of Regulation (EC) No 715/2009 and of the relevant national 10-year network development plans under Article 51 of Directive (EU) 2019/944 and Article 22 of Directive 2009/73/EC and other national infrastructure plans concerned, as appropriate. Those projects shall be conferred the highest possible priority within each of those plans. This paragraph shall not apply to projects of mutual interest. |
6. Projects of common interest included on the Union list pursuant to paragraph 4 of this Article under the energy infrastructure categories set out in points (1)(a), (b), (c) and (e) of Annex II, that have reached the sufficient degree of maturity referred to Part 2, point (1)(c) of Annex III shall become an integral part of the relevant regional investment plans under Article 34 of Regulation (EU) 2019/943 and Article 12 of Regulation (EC) No 715/2009 and of the relevant national ten-year network development plans under Article 51 of Directive (EU) 2019/944 and Article 22 of Directive 2009/73/EC and other national infrastructure plans concerned, as appropriate. Those projects shall be conferred the highest possible priority within each of those plans. |
Amendment 65
Proposal for a regulation
Article 3 – paragraph 6 a (new)
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Text proposed by the Commission |
Amendment |
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6a. Projects of common interest included on the Union list pursuant to paragraph 4 of this Article under the energy infrastructure categories set out in points (1)(a),(b), (c) and (e) of Annex II, that have not yet reached the sufficient degree of maturity referred to in Part 2, point(1)(c) of Annex III, shall be included in the relevant regional investment plans, the national ten-year network development plans and other national infrastructure plans, as appropriate, as projects under consideration, which are under further scrutiny, pending the assessment of their maturity before effective inclusion in the relevant plans as a planned project. |
Amendment 66
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
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Text proposed by the Commission |
Amendment |
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(ba) the project is in line with the ‘energy efficiency first’ principle and contributes to sustainability; |
Amendment 67
Proposal for a regulation
Article 4 – paragraph 1 – point c – point i
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Text proposed by the Commission |
Amendment |
(i) involves at least two Member States by directly crossing the border of two or more Member States; |
(i) involves at least two Member States by directly or indirectly (via third country) crossing the border of two or more Member States; |
Amendment 68
Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii a (new)
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Text proposed by the Commission |
Amendment |
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(ii a) is located in islands not interconnected or not sufficiently connected to the trans-European energy networks and that are small isolated systems or small connected systems, as defined in Article 2, points (42) and (43) of Directive (EU) 2019/944, and contributes significantly to the decarbonisation objectives of the island energy system and those of the Union, and to sustainability in the territory in which it is located; |
Amendment 69
Proposal for a regulation
Article 4 – paragraph 2 – point -a (new)
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Text proposed by the Commission |
Amendment |
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(- a) the project falls under one of the energy infrastructure categories from point 1(a), 1(e), 3(a) or 5(a) of Annex II; |
Amendment 70
Proposal for a regulation
Article 4 – paragraph 2 – point a
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Text proposed by the Commission |
Amendment |
(a) the project contributes significantly to the decarbonisation objectives of the Union and those of the third country and to sustainability, including through the integration of renewable energy into the grid and the transmission of renewable generation to major consumption centres and storage sites, and; |
(a) the project contributes significantly to the decarbonisation policies and objectives of the Union and those of the third country and to sustainability, including through the integration of renewable energy into the grid and the transmission and distribution of renewable generation to major consumption centres and storage sites, and; |
Amendment 71
Proposal for a regulation
Article 4 – paragraph 2 – point b
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Text proposed by the Commission |
Amendment |
(b) the potential overall benefits of the project, assessed in accordance with the respective specific criteria in paragraph 3, outweigh its costs, including in the longer term; |
(b) the potential overall benefits of the project identified on the territory of the Union and in third countries which apply the Union acquis and which have concluded an agreement with the Union, assessed in accordance with the respective specific criteria in paragraph 3, outweigh its costs on the same perimeter, including in the longer term; |
Amendment 72
Proposal for a regulation
Article 4 – paragraph 2 – point b a (new)
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Text proposed by the Commission |
Amendment |
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(ba) the project is in line with the ‘energy efficiency first’ principle; |
Amendment 73
Proposal for a regulation
Article 4 – paragraph 2 – point d
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Text proposed by the Commission |
Amendment |
(d) for the part located on Union territory, the project is in line with Directives 2009/73/EC and (EU) 2019/944 where it falls within the infrastructure categories described in points (1) and (3) of Annex II; |
(d) the project is in line with Directives 2009/73/EC and (EU) 2019/944 where it falls within the infrastructure categories described in points (1) and (3) of Annex II; |
Amendment 74
Proposal for a regulation
Article 4 – paragraph 2 – point e – introductory part
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Text proposed by the Commission |
Amendment |
(e) the third country or countries involved have a high level of regulatory alignment or convergence to support the overall policy objectives of the Union, in particular to ensure: |
(e) the third country or countries involved have a high level of regulatory alignment or convergence and demonstrated effective legal enforcement mechanisms to support the overall policy objectives of the Union, in particular to ensure: |
Amendment 75
Proposal for a regulation
Article 4 – paragraph 2 – point e – point i
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Text proposed by the Commission |
Amendment |
i) a well-functioning internal energy market; |
(i) a well-functioning internal energy market, in particular through the application of third-party access, ownership unbundling and transparent and cost-reflective tariffs; |
Amendment 76
Proposal for a regulation
Article 4 – paragraph 2 – point e – point ii
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Text proposed by the Commission |
Amendment |
ii) security of energy supplies based on cooperation and solidarity; |
(ii) security of energy supplies based on diversification of sources, cooperation and solidarity, and reduction of strategic energy dependencies; |
Amendment 77
Proposal for a regulation
Article 4 – paragraph 2 – point e – point iii a (new)
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Text proposed by the Commission |
Amendment |
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(iii a) energy exports to the Union do not hinder the capacity of the third country to phase out fossil fuel generation assets to satisfy its domestic energy consumption; |
Amendment 78
Proposal for a regulation
Article 4 – paragraph 3 – point a – introductory part
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Text proposed by the Commission |
Amendment |
(a) for electricity transmission and storage projects falling under the energy infrastructure categories set out in points (1)(a), (b), (c) and (e) of Annex II, the project is to contribute significantly to sustainability through the integration of renewable energy into the grid and the transmission of renewable generation to major consumption centres and storage sites, and at least one of the following specific criteria: |
(a) for electricity transmission and storage projects falling under the energy infrastructure categories set out in points (1)(a), (aa), (b), (c) and (e) of Annex II, the project is to contribute significantly to sustainability through energy efficiency gains, reduced network losses and the integration of renewable energy into the grid and the transmission and distribution of renewable generation to major consumption centres and storage sites and contribute to reduced energy curtailment, and at least one of the following specific criteria evaluated in accordance with the rules and indicators set out in Annex IV: |
Amendment 79
Proposal for a regulation
Article 4 – paragraph 3 – point b – introductory part
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Text proposed by the Commission |
Amendment |
(b) for smart electricity grid projects falling under the energy infrastructure category set out in point (1)(d) of Annex II, the project is to contribute significantly to sustainability through the integration of renewable energy into the grid, and at least two of the following specific criteria: |
(b) for smart electricity grid projects and network components falling under the energy infrastructure category set out in points (1)(d) and (e) of Annex II, the project is to contribute significantly to sustainability through the integration of renewable energy into the grid or the electrification of transport and final uses, and at least one of the following specific criteria, evaluated in accordance with the rules and indicators set out in Annex IV: |
Amendment 80
Proposal for a regulation
Article 4 – paragraph 3 – point b – point iii
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Text proposed by the Commission |
Amendment |
(iii) network security, flexibility and quality of supply, including through higher uptake of innovation in balancing, cybersecurity, monitoring, system control and error correction. |
(iii) network security, flexibility and quality of supply, including through higher uptake of innovation in balancing, flexibility markets, cybersecurity, monitoring, system control and error correction. |
Amendment 81
Proposal for a regulation
Article 4 – paragraph 3 – point b – point iii a (new)
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Text proposed by the Commission |
Amendment |
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(iii a) smart sector integration, either in the energy system through linking different energy carriers and sectors, or in a wider way, favouring synergies and coordination between the energy, transport and telecommunication sectors; |
Amendment 82
Proposal for a regulation
Article 4 – paragraph 3 – point c – introductory part
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Text proposed by the Commission |
Amendment |
(c) for carbon dioxide transport projects falling under the energy infrastructure categories set out in point (5) of Annex II, the project is to contribute significantly to all of the following specific criteria: |
(c) for carbon dioxide transport and storage projects falling under the energy infrastructure categories set out in point (5) of Annex II, the project is to contribute significantly to sustainability through reducing carbon dioxide emissions in the connected industrial clusters. Furthermore, the project is to contribute to all of the following specific criteria: |
Amendment 83
Proposal for a regulation
Article 4 – paragraph 3 – point c – point i
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Text proposed by the Commission |
Amendment |
(i) avoid carbon dioxide emissions while maintaining security of energy supply; |
(i) permanent removal of carbon dioxide emissions for permanent storage while maintaining security of energy supply; |
Amendment 84
Proposal for a regulation
Article 4 – paragraph 3 – point c – point ii
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Text proposed by the Commission |
Amendment |
(ii) increase the resilience and security of carbon dioxide transport; |
(ii) increase the resilience and security of carbon dioxide transport and storage; |
Amendment 85
Proposal for a regulation
Article 4 – paragraph 3 – point c – point iii
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Text proposed by the Commission |
Amendment |
(iii) efficient use of resources, by enabling the connection of multiple carbon dioxide sources and storage sites via common infrastructure and minimising environmental burden and risks. |
(iii) efficient use of resources, by enabling the connection of multiple carbon dioxide sources originating from industrial clusters and storage sites via common infrastructure and other modes of transport such as ship, barge, truck and train and minimising environmental burden and risks. |
Amendment 86
Proposal for a regulation
Article 4 – paragraph 3 – point d – introductory part
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Text proposed by the Commission |
Amendment |
(d) for hydrogen projects falling under the energy infrastructure categories set out in point (3) of Annex II the project is to contribute significantly to sustainability, including by reducing greenhouse gas emissions, by enhancing the deployment of renewable hydrogen and supporting variable renewable power generation by offering flexibility and/or storage solutions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria: |
(d) for hydrogen projects falling under the energy infrastructure categories set out in point (3) of Annex II the project is to contribute significantly to sustainability, including by reducing greenhouse gas emissions in end-use applications, such as hard-to-abate sectors, in which more energy efficient solutions are not feasable, by enhancing the deployment of renewable and low-carbon hydrogen and supporting variable renewable power generation by offering flexibility and/or storage solutions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria: |
Amendment 87
Proposal for a regulation
Article 4 – paragraph 3 – point e – point i
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Text proposed by the Commission |
Amendment |
(i) sustainability, including by reducing greenhouse gas emissions and enhancing the deployment of renewable hydrogen. |
(i) sustainability, including by reducing greenhouse gas emissions and enhancing the deployment of renewable hydrogen and renewable synthetic fuels. |
Amendment 88
Proposal for a regulation
Article 4 – paragraph 3 – point e – point iii
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Text proposed by the Commission |
Amendment |
(iii) facilitating smart energy sector integration through linking different energy carriers and sectors. |
(iii) the enabling of flexibility services, such as demand response and storage by facilitating smart energy sector integration through the creation of links to other energy carriers and sectors. |
Amendment 89
Proposal for a regulation
Article 4 – paragraph 3 – point f a (new)
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Text proposed by the Commission |
Amendment |
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(fa) for district heating and cooling systems falling under the energy infrastructure category set out in point (5a) of Annex II, the project is to contribute significantly to sustainability by enabling and facilitating the integration of renewable and waste heat and cold in order to reduce greenhouse gas emissions, as well as a better integration and interlinking of the sectors. Furthermore, the project is to contribute significantly to at least one of the following specific criteria, assessed in accordance with the rules and indicators set out in Annex IV: |
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(i) network security and quality of supply by increasing the use of locally sourced renewable energy and waste heat and cold and, improving the efficiency and interoperability of gas transmission and distribution or storage systems in day-to-day network operation by, among others, addressing challenges resulting from the injection of heat and cold of different temperatures through the deployment of innovative technologies; |
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(ii) market functioning and customer services; |
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(iii) facilitating smart energy sector integration through the creation of links to other energy carriers and sectors and enabling demand response. |
Amendment 90
Proposal for a regulation
Article 4 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. For projects falling under the energy infrastructure categories set out in points (1) to (4) of Annex II, the contribution to the criteria listed in paragraph 3 of this Article shall be assessed in accordance with the indicators set out in points (3) to (7) of Annex IV. |
4. For projects falling under the energy infrastructure categories set out in points (1) to (5a) of Annex II, the contribution to the criteria listed in paragraph 3 of this Article shall be assessed in accordance with the indicators set out in points (3) to (7b) of Annex IV. |
Amendment 91
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2 – introductory part
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Text proposed by the Commission |
Amendment |
In assessing projects, each Group shall give due consideration to: |
In assessing projects, in order to ensure a consistent assessment approach among different Groups, each Group shall give due consideration to: |
Amendment 92
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2 – point a
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Text proposed by the Commission |
Amendment |
(a) the urgency of each proposed project in order to meet the Union energy policy targets of decarbonisation, market integration, competition, sustainability and security of supply; |
(a) the urgency and the level of contribution of each proposed project in order to meet the Union energy and climate policy objectives of decarbonisation, market integration, competition, sustainability, security of supply and affordability of energy; |
Amendment 93
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2 – point b
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Text proposed by the Commission |
Amendment |
(b) complementarity with regard to other proposed projects; |
(b) the interrelationship of the project under assessment with other proposed projects, which could be complementary to, competing with, or potentially competing with, that project; |
Amendment 94
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2 – point b a (new)
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Text proposed by the Commission |
Amendment |
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(ba) possible synergies with priority corridors and thematic areas identified under trans-European networks for transport and telecommunications; |
Amendment 95
Proposal for a regulation
Article 5 – paragraph 1 a (new)
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Text proposed by the Commission |
Amendment |
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1a. Project promoters shall make the implementation plan referred to in paragraph 1 publicly available and specify the expected commissioning date, the status of the project and the progress of the project compared to the previous Union wide ten-year network development plan and, including where applicable the reasons for delay or for rescheduling. |
Amendment 96
Proposal for a regulation
Article 5 – paragraph 4 – introductory part
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Text proposed by the Commission |
Amendment |
4. By 31 December of each year following the year of inclusion of a project of common interest on the Union list pursuant to Article 3, project promoters shall submit an annual report, for each project falling under the categories set out in points (1) to (4) of Annex II, to the competent authority referred to in Article 8. |
4. By 31 December of each year following the year of inclusion of a project of common interest on the Union list pursuant to Article 3, project promoters shall submit an annual report, for each project falling under the categories set out in points (1) to (4) and 5(a) of Annex II, to the competent authority referred to in Article 8. |
Amendment 97
Proposal for a regulation
Article 5 – paragraph 6
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Text proposed by the Commission |
Amendment |
6. By 30 April of each year when a new Union list should be adopted, the Agency shall submit, to the Groups a consolidated report for the projects of common interest subject to the competency of national regulatory authorities, evaluating the progress achieved and make, where appropriate, recommendations on how to overcome the delays and difficulties encountered. That consolidated report shall also evaluate, in accordance with Article 5 of Regulation (EU) 2019/942, the consistent implementation of the Union-wide network development plans with regard to the energy infrastructure priority corridors and areas. |
6. By 30 April of each year when a new Union list should be adopted, the Agency shall submit, to the Groups a consolidated report for the projects of common interest subject to the competency of national regulatory authorities, evaluating the progress achieved, and the evolution of the expected project costs, and make, where appropriate, recommendations on how to overcome the delays and difficulties encountered. That consolidated report shall also evaluate, in accordance with Article 5 of Regulation (EU) 2019/942, the consistent implementation of the Union-wide network development plans with regard to the energy infrastructure priority corridors and areas. |
Amendment 98
Proposal for a regulation
Article 5 – paragraph 6 a (new)
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Text proposed by the Commission |
Amendment |
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6a. At the Agency’s request, project promoters shall provide the Agency with the implementation plan referred to in paragraph 1 and other information necessary for carrying out the Agency’s tasks set out in paragraph 6. |
Amendment 99
Proposal for a regulation
Article 6 – paragraph 2 – point b
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Text proposed by the Commission |
Amendment |
(b) assist all parties as necessary in consulting concerned stakeholders and obtaining necessary permits for the projects; |
(b) assist all parties as necessary in consulting concerned stakeholders, proposing and discussing alternative routing, where appropriate, and obtaining necessary permits for the projects; |
Amendment 100
Proposal for a regulation
Article 6 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. The European coordinator shall be chosen on the basis of his or her experience with regard to the specific tasks assigned to him or her for the projects concerned. |
3. The European coordinator shall be chosen following an open, non-discriminatory and transparent process and on the basis of a candidate’s experience with regard to the specific tasks assigned to him or her for the projects concerned. |
Amendment 101
Proposal for a regulation
Article 7 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. The adoption of the Union list shall establish, for the purposes of any decisions issued in the permit granting process, the necessity of those projects from an energy policy perspective, without prejudice to the exact location, routing or technology of the project. |
1. The adoption of the Union list shall establish, for the purposes of any decisions issued in the permit granting process, the necessity of those projects from an energy policy and climate perspective, without prejudice to the exact location, routing or technology of the project. |
Amendment 102
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
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Text proposed by the Commission |
Amendment |
3. Without prejudice to relevant requirements under international and Union law, the competent authority shall facilitate the issuing of the comprehensive decision. The comprehensive decision shall be the final proof that the project of common interest has achieved ready-to-build status and there shall be no other requirements for any additional permits or authorisations in that respect. The comprehensive decision shall be issued within the time limit referred to in Article 10(1) and (2) and in accordance with one of the following schemes: |
3. Without prejudice to relevant requirements under national, international and Union law, the competent authority shall facilitate the issuing of the comprehensive decision as defined in Article 2(2). The comprehensive decision shall be the final proof that the project of common interest has achieved ready-to-build status and there shall be no other requirements for any additional permits or authorisations in that respect. The comprehensive decision shall be issued within the time limit referred to in Article 10(1) and (2) and in accordance with one of the following schemes: |
Amendment 103
Proposal for a regulation
Article 8 – paragraph 6
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Text proposed by the Commission |
Amendment |
6. By [31 July 2022] and for each specific Regional Group per priority offshore grid corridor, as defined in Annex I, national competent authorities in Member States belonging to the respective Group, shall jointly create unique points of contact, ‘offshore one-stop shops’, for project promoters, which shall be responsible for facilitating and coordinating the permit granting process for offshore grids for renewable energy projects of common interest, taking into account also the need for coordination between the permitting process for the energy infrastructure and the one for the generation assets. The offshore one-stop shops shall act as a repository of existing sea basin studies and plans, aiming at facilitating the permitting process of individual projects of common interest and coordinate the issuance of the comprehensive decisions for such projects by the relevant national competent authorities. Each Regional Group per priority offshore grid corridor, with the assistance of the national competent authorities in the Members States belonging to the Group, shall set-up the offshore one-stop shops depending on regional specificities and geography and determine their location, resource allocation and specific rules for their functioning. |
6. By [31 July 2022] and for each specific Regional Group per priority offshore grid corridor, as defined in Annex I, national competent authorities in Member States belonging to the respective Group, shall jointly create a unique point of contact per priority offshore grid corridor, for project promoters, which shall be responsible for facilitating and coordinating the cooperation of the national authorities on the permit granting for offshore grids for renewable energy projects of common interest, as referred to in Annex III, by ensuring an uninterrupted flow of information between members of the Regional Group and serve as information-sharing platform for peer-learning. The offshore point of contact shall act as a repository aggregating the existing sea basin studies and plans, aiming at facilitating the permitting process of individual projects of common interest and the issuance of the comprehensive decisions for such projects by the relevant national competent authorities in accordance with paragraph 3 of this Article and Article 10(1) and (2). Each Regional Group per priority offshore grid corridor, with the assistance of the national competent authorities in the Members States belonging to the Group, shall set-up the point of contact depending on regional specificities and geography and determine their location, resource allocation and specific rules for their functioning, as well as regarding participation and transparency while paying due attention for commercially sensitive information. |
Amendment 104
Proposal for a regulation
Article 9 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. By [1 May 2023], the Member State or competent authority shall, where applicable in collaboration with other authorities concerned, publish an updated manual of procedures for the permit granting process applicable to projects of common interest to include at least the information specified in point (1) of Annex VI. The manual shall not be legally binding, but it may refer to or quote relevant legal provisions. The national competent authorities shall coordinate and find synergies with neighbouring countries in developing their manual of procedures. |
1. By [1 May 2023], the Member State or competent authority shall, where applicable in collaboration with other authorities concerned, publish an updated manual of procedures for the permit granting process applicable to projects of common interest to include at least the information specified in point (1) of Annex VI. The manual shall not be legally binding. It shall refer to or quote relevant legal provisions. The national competent authorities shall cooperate with the authorities of neighbouring countries with a view to exchanging of good practices and facilitating the permit-granting process. |
Amendment 105
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
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Text proposed by the Commission |
Amendment |
4. Where it is not already required under national law at the same or higher standards, at least one public consultation shall be carried out by the project promoter, or, where required by national law, by the competent authority, before submission of the final and complete application file to the competent authority pursuant to Article 10(1)(a). That public consultation shall be without prejudice to any public consultation to be carried out after submission of the request for development consent pursuant to Article 6(2) of Directive 2011/92/EU. The public consultation shall inform the stakeholders referred to in point (3)(a) of Annex VI about the project at an early stage and shall help to identify the most suitable location or trajectory, also in view of adequate climate adaptation considerations for the project, and the relevant issues to be addressed in the application file. The public consultation shall comply with the minimum requirements set out in point (5) of Annex VI. The project promoter shall publish on the website referred to in paragraph 7 of this Article a report explaining how the opinions expressed in the public consultations were taken into account by showing the amendments made in the location, trajectory and design of the project or by justifying why such opinions have not been taken into account. |
4. Where it is not already required under national law at the same or higher standards, at least one public consultation shall be carried out by the project promoter, or, where required by national law, by the competent authority, before submission of the final and complete application file to the competent authority pursuant to Article 10(1)(a). That public consultation shall be without prejudice to any public consultation to be carried out after submission of the request for development consent pursuant to Article 6(2) of Directive 2011/92/EU. The public consultation shall inform the stakeholders referred to in point (3)(a) of Annex VI about the project at an early stage and shall help to identify the most suitable location or trajectory, including an alternative, where appropriate, also in view of adequate climate adaptation considerations for the project, and the relevant issues to be addressed in the application file. The public consultation shall comply with the minimum requirements set out in point (5) of Annex VI. The project promoter shall publish on the website referred to in paragraph 7 of this Article a report explaining how the opinions expressed in the public consultations were taken into account by showing the amendments made in the location, trajectory and design of the project or by justifying why such opinions have not been taken into account. |
Amendment 106
Proposal for a regulation
Article 9 – paragraph 7 – subparagraph 1
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Text proposed by the Commission |
Amendment |
Project promoters shall also publish relevant information by other appropriate information means open to the public. |
Project promoters shall also publish relevant information by other appropriate information means open to the public, taking duly into account the inclusion of indigenous populations and vulnerable communities. |
Amendment 107
Proposal for a regulation
Article 10 – paragraph 1 – point a – introductory part
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Text proposed by the Commission |
Amendment |
(a) the pre-application procedure, covering the period between the start of the permit granting process and the acceptance of the submitted application file by the competent authority, shall take place within an indicative period of two years. |
(a) the pre-application procedure, covering the period between the start of the permit granting process and the acceptance of the submitted application file by the competent authority, shall take place within of two years. |
Amendment 108
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
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Text proposed by the Commission |
Amendment |
2. The competent authority shall ensure that the combined duration of the two procedures referred to in paragraph 1 does not exceed a period of three years and six months. However, where the competent authority considers that one or both of the two procedures of the permit granting process will not be completed within the time limits set out in paragraph 1, it may decide, before their expiry and on a case by case basis, to extend one or both of those time limits by a maximum of nine months for both procedures combined. |
2. The competent authority shall ensure that the combined duration of the two procedures referred to in paragraph 1 does not exceed a period of three years and six months. However, where the competent authority considers that one or both of the two procedures of the permit granting process will not be completed within the time limits set out in paragraph 1, it may decide, before their expiry and on a case by case basis, to extend one or both of those time limits by a maximum of nine months for both procedures combined. The competent authority shall report and duly justify any delay of the permit granting process to the Commission. |
Amendment 109
Proposal for a regulation
Article 10 – paragraph 8 a (new)
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Text proposed by the Commission |
Amendment |
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8a. The requirements and time limits laid down in this Article shall be without prejudice to any more favourable treatment in the permit-granting process provided for in national law. |
Amendment 110
Proposal for a regulation
Article 10 a (new)
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Text proposed by the Commission |
Amendment |
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Article 10a |
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Energy Infrastructure Stakeholder Committee |
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1. By ... [entry into force of this Regulation], the ENTSO for Electricity and ENTSO for Gas, in close cooperation with the Agency, shall establish an Energy Infrastructure Stakeholder Committee (the ‘Committee’) in order to provide a balanced depth of expertise across all energy solutions, from demand through delivery to supply side, in order to support the task of delivering an integrated energy system. |
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2. The Committee shall be composed of representatives of the relevant stakeholders, including the EU DSO entity, participants of electricity, gas, hydrogen, heating and cooling, and electromobility markets, including customers, CCS/U stakeholders, independent aggregators, demand-response operators, organisations involved in energy efficiency solutions and building renovation, energy communities, local authorities, and civil society organisations. |
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The ENTSO for Electricity and ENTSO for Gas and the Agency shall strive to ensure a balanced representation of all stakeholders. |
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3. The European Scientific Advisory Board on Climate Change established pursuant to Article 10a of the Regulation (EC) No 401/2009 (the ‘Advisory Board’) shall participate as a member of the Committee in order to ensure the coherence of the ten-year network development plan process with the climate and energy target objectives. As a member of the Committee, it will contribute to the recommendations the Committee provides to the Agency and the Commission. |
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4. The Agency shall chair the Committee meetings and shall establish its internal rules of procedure. |
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5. The ENTSO for Electricity and ENTSO for Gas, in close cooperation with the Agency, shall organise the Committee involvement in the ten-year network development plan process, particularly with regards to Articles 11, 12, and 13, and other aspects of the implementation of this Regulation as relevant. The Committee shall meet regularly and as often as necessary to allow stakeholders to contribute to the implementation of the tasks set out in paragraph 6 of this Article. |
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This paragraph shall be without prejudice to the stakeholder consultations in accordance with respective public consultation obligations of ENTSO for Electricity and ENTSO for Gas, and EU DSO Entity. |
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6. The Committee shall support the work of ENTSO for Electricity and ENTSO for Gas and contribute to a more informed decision-making process in all relevant phases of ten-year network development plan process, by providing inputs, relevant data, identifying problems, proposing improvements and delivering recommendations regarding at least the following: |
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(a) draft methodologies for the energy system wide cost-benefit analysis as referred to in Article 11; |
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(b) a draft integrated energy market and network model as referred to in Article 11; |
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(c) structural assumptions for the work on the draft scenarios and on the draft scenarios report referred to in Article 12; |
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(d) the draft ten-year network development plans referred to in Article 12; |
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(e) the draft infrastructure gaps report referred to in Article 13; |
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(f) the offshore development plans as referred in Article 14. |
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7. The Committee shall be guided in its work by the best available and most recent scientific evidence. It shall follow a fully transparent process and make its opinions, meeting minutes and meeting participants’ list publicly available. |
Amendment 111
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
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Text proposed by the Commission |
Amendment |
1. By [16 November 2022], the European Network of Transmission System Operators (ENTSO) for Electricity and the ENTSO for Gas shall publish and submit to Member States, the Commission and the Agency their respective methodologies, including the network and market modelling, for a harmonised energy system-wide cost-benefit analysis at Union level for projects of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) and point (3) of Annex II. |
1. By … [16 November 2022], the European Network of Transmission System Operators (ENTSO) for Electricity and the ENTSO for Gas shall publish and submit to Member States, the Commission, the Agency and the Committee their respective draft integrated methodologies, including the network and market modelling, for a harmonised energy system-wide cost-benefit analysis at Union level for projects of common interest and projects of mutual interest falling under the categories set out in points (1)(a), (c), and (e) and point (3) of Annex II. |
Amendment 112
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
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Text proposed by the Commission |
Amendment |
Those methodologies shall be applied for the preparation of each subsequent Union–wide ten-year network development plans developed by the ENTSO for Electricity or the ENTSO for Gas pursuant to Article 8 of Regulation (EC) No 715/2009 and Article 30 of Regulation (EU) 2019/943. Those methodologies shall be drawn up in line with the principles laid down in Annex V and be consistent with the rules and indicators set out in Annex IV. |
Those methodologies shall be applied for the preparation of each subsequent Union–wide ten-year network development plans developed by the ENTSO for Electricity or the ENTSO for Gas pursuant to Article 8 of Regulation (EC) No 715/2009 and Article 30 of Regulation (EU) 2019/943. Those methodologies shall be drawn up in line with the mid- and long-term Union climate and energy targets and with the principles laid down in Annex V and be consistent with the rules and indicators set out in Annex IV. |
Amendment 113
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 3
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Text proposed by the Commission |
Amendment |
Prior to submitting their respective methodologies, the ENTSO for Electricity and the ENTSO for Gas shall conduct an extensive consultation process involving at least the organisations representing all relevant stakeholders, including the entity of distribution system operators in the Union (‘EU DSO entity’), all relevant hydrogen stakeholders and, where it is deemed appropriate the national regulatory authorities and other national authorities. |
Prior to submitting their respective draft integrated methodologies, the ENTSO for Electricity and the ENTSO for Gas shall conduct an extensive consultation process involving all relevant stakeholders, including the Committee, the national regulatory authorities and other national authorities. |
Amendment 114
Proposal for a regulation
Article 11 – paragraph 1 a (new)
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Text proposed by the Commission |
Amendment |
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1a. Within three months of the receipt of the draft integrated methodologies: |
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(a) the Committee shall submit a recommendation; and |
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(b) any Member State may deliver an opinion. |
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The Committee and the Member States shall, respectively, submit that recommendation and any opinions to the Agency and, as applicable, to the ENTSO for Electricity or the ENTSO for Gas. They shall make the recommendation and any opinions publicly available. |
Amendment 115
Proposal for a regulation
Article 11 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. Within three months of the receipt of the methodologies together with the input received in the consultation process and a report on how it was taken into account, the Agency shall provide an opinion to the ENTSO for Electricity, the ENTSO for Gas, the Member States, and the Commission and publish it on the Agency’s website. |
2. Within three months of receipt of the draft integrated methodologies together with the input received in the consultation process, and a report on how it was taken into account, the Agency shall adopt a decision whether to approve or amend the methodologies, or to request the ENTSO for Electricity, the ENTSO for Gas to amend them. The Agency shall provide the decision to the ENTSO for Electricity, the ENTSO for Gas, the Member States, and the Commission and publish it on the Agency’s website. The draft integrated methodologies approved by the Agency shall be submitted to the Commission for approval. |
Amendment 116
Proposal for a regulation
Article 11 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. The ENTSO for Electricity and the ENTSO for Gas, shall update the methodologies taking due account of the Agency’s opinion, as referred to in paragraph 2, and submit them to the Commission for its opinion. |
deleted |
Amendment 117
Proposal for a regulation
Article 11 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. Within three months of the day of receipt of the updated methodologies, the Commission shall submit its opinion to the ENTSO for Electricity and the ENTSO for Gas. |
deleted |
Amendment 118
Proposal for a regulation
Article 11 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. No later than three months of the day of receipt of the Commission’s opinion, as referred to in paragraph 4, the ENTSO for Electricity and the ENTSO for Gas shall adapt their respective methodologies taking due account of the Commission’s opinion, and submit them to the Commission for approval. |
5. If the Agency requests the ENTSO for Electricity and the ENTSO for Gas to amend their respective draft integrated methodologies they shall no later than three months of the day of receipt of the Agency’s decision, as referred to in paragraph 2, adapt their respective methodologies taking due account of the decision of the Agency, opinions from Member States, and the recommendation of the Committee. The ENTSO for Electricity and the ENTSO for Gas shall submit the amended methodologies to the Agency for approval. The methodologies approved by the Agency shall be submitted to the Commission for approval. |
Amendment 119
Proposal for a regulation
Article 11 – paragraph 5 a (new)
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Text proposed by the Commission |
Amendment |
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5a. Within three months of receipt of the methodologies, the Commission, taking into account the Agency’s decision, and, where available, the opinions of Member States, and a recommendation of the Committee, shall approve, amend or request the ENTSO for Electricity or the ENTSO for Gas to amend their respective draft integrated methodologies. |
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If the Commission requests the ENTSO for Electricity or the ENTSO for Gas to amend their respective draft integrated methodologies they shall submit the amended methodologies to the Commission for its approval within the deadline set by the Commission. |
Amendment 120
Proposal for a regulation
Article 11 – paragraph 6
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Text proposed by the Commission |
Amendment |
6. Where the changes to the methodologies are considered to be of incremental nature, not affecting the definition of benefits, costs and other relevant cost-benefit parameters, as defined in the latest Energy system wide cost-benefit analysis methodology approved by the Commission, the ENTSO for Electricity and the ENTSO for Gas shall adapt their respective methodologies taking due account of the Agency’s opinion, as set out in paragraph 2, and submit them for the Agency’s approval. |
deleted |
Amendment 121
Proposal for a regulation
Article 11 – paragraph 7
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Text proposed by the Commission |
Amendment |
7. In parallel, the ENTSO for Electricity and the ENTSO for Gas shall submit to the Commission a document justifying the reasons behind the proposed updates and why those updates are considered of incremental nature. Where the Commission deems that those updates are not of incremental nature, it shall, by written request, ask the ENTSO for Electricity and the ENTSO for Gas to submit to it the methodologies. In such case the process described in paragraphs 2 to 5 applies. |
deleted |
Amendment 122
Proposal for a regulation
Article 11 – paragraph 8
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Text proposed by the Commission |
Amendment |
8. Within two weeks of the approval by the Agency or the Commission in accordance with paragraphs 5 and 6, the ENTSO for Electricity and the ENTSO for Gas shall publish their respective methodologies on their websites. They shall publish the corresponding input data and other relevant network, load flow and market data in a sufficiently accurate form in accordance with national law and relevant confidentiality agreements. |
8. Within two weeks of the approval by the Commission in accordance with paragraph 5a, the ENTSO for Electricity and the ENTSO for Gas shall publish their respective integrated methodologies on their websites. They shall publish the corresponding input data and other relevant network, load flow and market data in a sufficiently accurate form for a third party to be able to reproduce the results to the extent this is possible under national law and relevant confidentiality agreements. |
Amendment 123
Proposal for a regulation
Article 11 – paragraph 9
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Text proposed by the Commission |
Amendment |
9. The methodologies shall be updated and improved regularly following the procedure described in paragraphs 1 to 6. The Agency, on its own initiative or upon a duly reasoned request by national regulatory authorities or stakeholders, and after formally consulting the organisations representing all relevant stakeholders and the Commission, may request such updates and improvements with due justification and timescales. The Agency shall publish the requests by national regulatory authorities or stakeholders and all relevant non-commercially sensitive documents leading to a request from the Agency for an update or improvement. |
9. The integrated methodologies shall be updated and improved if found necessary by the ENTSO for Electricity and the ENTSO for Gas or requested by the Commission in order to keep them up-to-date with developments, following the procedure described in paragraphs 1 to 6. The Committee and the Agency, on its own initiative or upon a duly reasoned request by national regulatory authorities or stakeholders, and after formally consulting the organisations representing all relevant stakeholders and the Commission, may also request such updates and improvements with due justification and timescales. The Agency shall publish the requests by national regulatory authorities or stakeholders and all relevant non-commercially sensitive documents leading to a request from the Agency for an update or improvement. |
Amendment 124
Proposal for a regulation
Article 11 – paragraph 9 a (new)
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Text proposed by the Commission |
Amendment |
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9a. For projects of common interest falling under the categories included in points (1b), (1d), (2), and (4) of Annex II, the Commission shall develop methodologies for a harmonised energy system-wide cost-benefit analysis at Union level or shall entrust the development of those methodologies to a relevant entity. The methodologies shall be developed in a transparent manner, including a peer-review process inside the Committee, extensive consultation with Member States and other relevant stakeholders. The methodologies shall be compatible with the methodologies developed by the ENTSO for Electricity and the ENTSO for Gas concerning benefits and costs. The Agency shall, with the support of national regulatory authorities, promote the consistency of those methodologies with the methodologies developed by ENTSO for Electricity and the ENTSO for Gas. They shall be drawn up in line with the mid- and long-term Union climate and energy targets and with the principles set out in Annex V and shall be consistent with the rules and indicators set out in Annex IV. The Commission shall ensure the same level of scrutiny and transparency of the process as that applied for development of methodologies referred in paragraph 1 of this Article. |
Amendment 125
Proposal for a regulation
Article 11 – paragraph 10
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Text proposed by the Commission |
Amendment |
10. Every three years, the Agency shall establish and make publicly available a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the infrastructure categories included in points (1) and (3) of Annex II. Those reference values may be used by the ENTSO for Electricity and the ENTSO for Gas for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. The first of such indicators shall be published by [1 November 2022]. |
10. Every three years, the Agency, supported by the Committee, shall establish and make publicly available a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the infrastructure categories included in points (1) and (3) of Annex II. Those reference values may be used by the ENTSO for Electricity and the ENTSO for Gas for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. The first of such indicators shall be published by [1 November 2022]. Infrastructure owners, system operators and third-party promoters shall provide the relevant project-specific information and disaggregated cost elements to the national regulatory authorities and to the Agency. |
Amendment 126
Proposal for a regulation
Article 11 – paragraph 11
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Text proposed by the Commission |
Amendment |
11. By [31 December 2023], the ENTSO for Electricity and the ENTSO for Gas shall jointly submit to the Commission and the Agency a consistent and interlinked energy market and network model including electricity, gas and hydrogen transmission infrastructure as well as storage, LNG and electrolysers, covering the energy infrastructure priority corridors and the areas drawn up in line with the principles laid down in Annex V. |
11. By [31 December 2023], the ENTSO for Electricity and the ENTSO for Gas, supported by the Committee, shall jointly submit to the Commission and the Agency a consistent and integrated energy market and network model including electricity, gas and hydrogen transmission infrastructure as well as storage, LNG and electrolysers, covering the energy infrastructure priority corridors and the areas drawn up in line with the principles laid down in Annex V. The integrated model shall be updated to include heating infrastructure not later than 31 December 2024. Where relevant, the model should also take into consideration the distribution infrastructure. |
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As part of the integrated model the ENTSO for Electricity and the ENTSO for Gas shall develop a common cost-benefit methodology to be used for the cross-sectorial assessment. |
Amendment 127
Proposal for a regulation
Article 11 – paragraph 12
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Text proposed by the Commission |
Amendment |
12. The consistent and interlinked model referred to in paragraph 11 shall cover at least the respective sectors’ interlinkages at all stages of infrastructure planning, specifically scenarios, infrastructure gaps identification in particular with respect to cross-border capacities, and projects assessment. |
12. The consistent and integrated model, including integrated common cost-benefit methodology, shall cover at least the respective sectors’ interlinkages at all stages of infrastructure planning, specifically scenarios, infrastructure gaps identification in particular with respect to cross-border capacities, and projects assessment. |
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As part of the integrated model referred to in paragraph 11, the ENTSO for Electricity and the ENTSO for Gas shall develop a roadmap on the future improvements, in particular the inclusion of additional sectors. |
Amendment 128
Proposal for a regulation
Article 11 – paragraph 13
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Text proposed by the Commission |
Amendment |
13. After approval of the consistent and interlinked model referred to in paragraph 11 by the Commission in accordance with the procedure set out in paragraphs 1 to 6, it shall be included in the methodologies referred to in paragraph 1. |
13. After approval of the consistent and integrated model referred to in paragraph 11 by the Commission in accordance with the procedure set out in paragraphs 1 to 6, it shall be included in the methodologies referred to in paragraph 1, that should be amended accordingly. |
Amendment 129
Proposal for a regulation
Article 11 – paragraph 13 a (new)
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Text proposed by the Commission |
Amendment |
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13a. The integrated model and the common cost-benefit methodology shall be updated according to the procedure described in paragraphs 9, 11, 12 and 13. |
Amendment 130
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
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Text proposed by the Commission |
Amendment |
By [31 July 2022], the Agency, after having conducted an extensive consultation process involving the Commission and at least the organisations representing all relevant stakeholders, including the ENTSO for Electricity, the ENTSO for Gas, Union DSO entity, and relevant hydrogen sector stakeholders, shall publish the framework guidelines for the joint scenarios to be developed by ENTSO for Electricity and ENTSO for Gas. Those guidelines shall be regularly updated as found necessary. |
By … [31 July 2022], the Agency, after having conducted an extensive consultation process involving all relevant stakeholders, including the Commission, the Committee, the Member States, the ENTSO for Electricity, the ENTSO for Gas, Union DSO entity, national regulatory authorities and other national authorities shall publish the framework guidelines for the joint scenarios to be developed by ENTSO for Electricity and ENTSO for Gas. |
Amendment 131
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
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Text proposed by the Commission |
Amendment |
The guidelines shall include the energy efficiency first principle and ensure that the underlying ENTSO for Electricity and ENTSO for Gas scenarios are fully in line with the latest medium and long-term European Union decarbonisation targets and the latest available Commission scenarios. |
The guidelines shall establish standards for a transparent, non-discriminatory and robust development of scenarios taking into account best practices in the field of network development planning. The guidelines shall aim to ensure that the underlying ENTSO for Electricity and ENTSO for Gas scenarios are fully in line with the ‘energy efficiency first’ principle and compatible with the latest medium and long-term European Union energy and climate targets and the latest available Commission scenarios and that they reflect Member States’ climate and energy policies and strategies, as well as energy systems challenges in the Union. The Agency shall update the guidelines where necessary in order to keep them up-to-date, while avoiding imposing an administrative burden on the stakeholders and ensuring the timely and efficient development of the joint scenarios. |
Amendment 132
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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The Advisory Board shall provide input on how to ensure compliance of scenarios with Union’s climate and energy objectives. The Agency shall include that input in the framework guidelines referred in paragraph 1. |
Amendment 133
Proposal for a regulation
Article 12 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. The ENTSO for Electricity and ENTSO for Gas shall follow the Agency’s framework guidelines when developing the joint scenarios to be used for the Union-wide ten-year network development plans. |
2. The ENTSO for Electricity and ENTSO for Gas shall follow the Agency’s framework guidelines when developing the joint scenarios to be used for the Union-wide ten-year network development plans. The joint scenarios shall also include a long-term perspective until 2050 and include intermediary steps as appropriate. |
Amendment 134
Proposal for a regulation
Article 12 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. The ENTSO for Electricity and ENTSO for Gas shall invite the organisations representing all relevant stakeholders, including the Union DSO entity and all relevant hydrogen stakeholders, to participate in the scenarios development process. |
3. The ENTSO for Electricity and ENTSO for Gas shall involve the Committee in the consultations as part of scenarios development process and shall ensure a balanced depth of expertise across all energy solutions contributing to climate neutrality in order to deliver an integrated energy system. |
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Without prejudice to the general stakeholders’ consultation, the ENTSO for Electricity and ENTSO for Gas shall consult the Committee on the key elements of the scenario development: storyline, assumptions and their translation into the scenarios data. |
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Where possible, the Committee shall deliver all relevant data at the moment of the scenario development to ENTSO for Electricity and ENTSO for Gas. |
Amendment 135
Proposal for a regulation
Article 12 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. The ENTSO for Electricity and the ENTSO for Gas shall publish and submit the draft joint scenarios report to the Agency and the Commission for their opinion. |
4. The ENTSO for Electricity and the ENTSO for Gas shall publish and submit the draft joint scenarios report to the Agency for its opinion, to the Advisory Board for its assessment and to the Commission for its approval. |
Amendment 136
Proposal for a regulation
Article 12 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. Within three months from the receipt of the draft joint scenarios report together with the input received in the consultation process and a report on how it was taken into account, the Agency shall submit its opinion to the ENTSO for Electricity, ENTSO for gas and the Commission. |
5. Within three months from the receipt of the draft joint scenarios report together with the input received in the consultation process and a report on how it was taken into account, the Agency shall submit its opinion on compliance of the scenarios with the framework guidelines referred to in paragraph 1, including possible recommendations for amendments, and the Advisory Board shall submit its assessment on the compatibility of scenarios with climate objectives, to the ENTSO for Electricity, ENTSO for gas and the Commission. |
Amendment 137
Proposal for a regulation
Article 12 – paragraph 6
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Text proposed by the Commission |
Amendment |
6. The Commission, giving due consideration to the Agency opinion defined under paragraph 5, shall submit its opinion to the ENTSO for Electricity and the ENTSO for Gas. |
deleted |
Amendment 138
Proposal for a regulation
Article 12 – paragraph 7
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Text proposed by the Commission |
Amendment |
7. The ENTSO for Electricity and the ENTSO for Gas shall adapt their joint scenarios report, taking due account of the Agency’s opinion, in line with the Commission’s opinion and submit the updated report to the Commission for its approval. |
7. Within three months of receipt of the opinion and the assessment referred to in paragraph 5, the Commission shall approve, amend or request the ENTSO for Electricity and the ENTSO for Gas to amend the draft joint scenarios report, taking due account of those opinions and focusing on the compatibility of joint scenarios with the latest medium and long-term Union climate and energy targets and the latest available Commission scenarios. |
Amendment 139
Proposal for a regulation
Article 12 – paragraph 7 a (new)
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Text proposed by the Commission |
Amendment |
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7a. In the event that the Commission requests the ENTSO for Electricity and the ENTSO for Gas to amend the draft joint scenario report, they shall, after consulting the Committee, submit the amended scenarios to the Commission for approval within the deadline set by the Commission. |
Amendment 140
Proposal for a regulation
Article 12 – paragraph 8
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Text proposed by the Commission |
Amendment |
8. Within two weeks of the approval of the joint scenarios report by the Commission in accordance with paragraph 7, the ENTSO for Electricity and the ENTSO for Gas shall publish their joint scenarios report on their websites. They shall publish the corresponding input and output data in a sufficiently accurate form, taking due account of the national law and relevant confidentiality agreements. |
8. Within two weeks of the approval of the joint scenarios report by the Commission in accordance with paragraph 7, the ENTSO for Electricity and the ENTSO for Gas shall publish their joint scenarios report on their websites. They shall publish the corresponding input and output data in a sufficiently accurate form for a third party to reproduce the results to the extent this is possible under national law and relevant confidentiality agreements. |
Amendment 141
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
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Text proposed by the Commission |
Amendment |
Every two years the ENTSO for Electricity and the ENTSO for Gas shall publish and submit to the Commission and the Agency the infrastructure gaps reports developed within the framework of the Union-wide ten-year network development plans. |
Within six months of the approval of the joint scenarios report by the Commission pursuant to Article 12(7), ENTSO for Electricity and the ENTSO for Gas shall publish the draft infrastructure gaps reports developed within the framework of the Union-wide ten-year network development plans. |
Amendment 142
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2
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Text proposed by the Commission |
Amendment |
When assessing the infrastructure gaps the ENTSO for Electricity and the ENTSO for Gas shall implement the energy efficiency first principle and consider with priority all relevant non-infrastructure related solutions to address the identified gaps. |
When assessing the infrastructure gaps the ENTSO for Electricity and the ENTSO for Gas shall base their analysis on the joint scenarios established pursuant to Article 12, implement the energy efficiency first principle and consider all relevant alternatives . |
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They shall also assess the expected benefits of closing the identified infrastructure gaps and the cost of not investing in the needed infrastructure. When identifying a new infrastructure gap they shall take into account total network investment needed, including the costs of related necessary internal network reinforcements. |
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They shall, in particular, focus on those infrastructure gaps potentially affecting the fulfilment of the Union’s medium and long-term climate goals. |
Amendment 143
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 3
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Text proposed by the Commission |
Amendment |
Prior to submitting their respective reports, the ENTSO for Electricity and the ENTSO for Gas shall conduct an extensive consultation process involving all relevant stakeholders, including the Union DSO entity, all relevant hydrogen stakeholders and all the Member States representatives part of the priority corridors defined in Annex I. |
Prior to publishing their respective draft reports, the ENTSO for Electricity and the ENTSO for Gas shall conduct an extensive consultation process involving all relevant stakeholders, including the Committee, the Agency, all the Member States representatives part of the priority corridors defined in Annex I. |
Amendment 144
Proposal for a regulation
Article 13 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. Within three months following receipt of the infrastructure gaps report together with the input received in the consultation process and a report on how it was taken into account, the Agency shall submit its opinion to the ENTSO for Electricity or ENTSO for Gas and the Commission. |
3. Within three months following receipt of the infrastructure gaps report together with the input received in the consultation process and a report on how it was taken into account, the Agency shall submit its opinion to the ENTSO for Electricity or ENTSO for Gas and the Commission and make it publicly available. |
Amendment 145
Proposal for a regulation
Article 13 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. The Commission, considering the Agency’s opinion referred to in paragraph 3, shall draft and submit its opinion to the ENTSO for Electricity or the ENTSO for Gas. |
4. Within three months of receipt of the Agency’s opinion referred to in paragraph 3, the Commission, taking that opinion into account, shall draft and submit its opinion to the ENTSO for Electricity or the ENTSO for Gas. |
Amendment 146
Proposal for a regulation
Article 13 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. The ENTSO for Electricity and the ENTSO for Gas shall adapt their infrastructure gaps reports taking due account of the Agency’s opinion and in line with the Commission’s opinion before the publication of the final infrastructure gaps reports. |
5. The ENTSO for Electricity and the ENTSO for Gas shall adapt their infrastructure gaps reports taking due account of the Agency’s opinion and in line with the Commission’s opinion and submit them for the Commission approval. |
Amendment 147
Proposal for a regulation
Article 13 – paragraph 5 a (new)
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Text proposed by the Commission |
Amendment |
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5a. Within two weeks of approval of the infrastructure gap reports by the Commission, the ENTSO for Electricity and the ENTSO for Gas shall publish them on their websites. |
Amendment 148
Proposal for a regulation
Article 14 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. By [31 July 2022], Member States, with the support of the Commission, within their specific priority offshore grid corridors, set out in point (2) of Annex I, taking into account the specificities and development in each region, shall jointly define and agree to cooperate on the amount of offshore renewable generation to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040, in view of their national energy and climate plans, the offshore renewable potential of each sea basin, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets. That agreement shall be made in writing as regards each sea basin linked to the territory of the Union. |
1. By [31 July 2022], Member States, with the support of the Commission, within their specific priority offshore grid corridors, set out in point (2) of Annex I, taking into account the specificities and development in each region, shall jointly define and agree to cooperate on the goals for offshore renewable generation to be deployed within each sea basin by 2050, in line with the objective of 300 GW1a with intermediate steps in 2030 and 2040 at least in line with their national energy and climate plans, the offshore renewable potential of each sea basin, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s climate neutrality objective. That joint declaration shall be made in writing as regards each sea basin linked to the territory of the Union. |
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__________________ |
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1a “An EU Strategy to harness the potential of offshore renewable energy for a climate neutral future”, COM(2020) 741. |
Amendment 149
Proposal for a regulation
Article 14 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. By [31 July 2023] the ENTSO for Electricity, with the involvement of the relevant TSOs, the national regulatory authorities and of the Commission and in line with the agreement referred to in paragraph 1, shall develop and publish integrated offshore network development plans starting from the 2050 objectives, with intermediate steps for 2030 and 2040, 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. Those integrated offshore network development plans shall thereafter be updated every three years. |
2. By [31 July 2023] the relevant ENTSO, with the involvement of the relevant TSOs, the national regulatory authorities and of the Commission and in line with the agreed joint declaration referred to in paragraph 1, shall develop and publish strategic offshore network development plans starting from the 2050 objectives, with intermediate steps for 2030 and 2040, 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. Those integrated offshore network development plans shall provide a high-level outlook on offshore generation capacities potential and resulting needs in an offshore grid, including the potential needs for interconnectors, hybrid projects and hydrogen infrastructure. The plans should thereafter be updated every two years. |
Amendment 150
Proposal for a regulation
Article 14 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. The integrated offshore network development plans shall be compatible with the latest Union-wide ten-Year Network Development Plans in order to ensure coherent development of onshore and offshore grid planning. |
3. The 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 providing for an adequate and reliable transmission grid for transfer of electricity onshore as well as between coastal regions, inland regions, and landlocked Member States and to provide for a stable supply of electricity to centers of consumption or energy storage facilities. |
Amendment 151
Proposal for a regulation
Article 14 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. The ENTSO for Electricity shall submit the draft integrated network development offshore plans to the Commission for its opinion. |
4. The relevant ENTSO shall submit the draft integrated network development offshore plans to the Commission for its opinion. Prior to submitting the draft integrated offshore network development plans to the Commission, the relevant ENTSO shall conduct an extensive consultation process involving all relevant electricity and offshore sector stakeholders, including the DSO entity, and all the Member States that are part of the priority offshore grid corridors referred toin point 2 of Annex I. |
Amendment 152
Proposal for a regulation
Article 14 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. The ENTSO for Electricity shall adapt the integrated offshore network development plans taking due account of the Commission opinion before the publication of the final reports and submit them to the relevant priority offshore grid corridors, set out in Annex I. |
5. The relevant ENTSO shall adapt the integrated offshore network development plans taking due account of the Commission opinion before the publication of the final reports and submit them to the relevant priority offshore grid corridors, set out in Annex I. |
Amendment 153
Proposal for a regulation
Article 14 – paragraph 6
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Text proposed by the Commission |
Amendment |
6. For the purpose of ensuring the timely development of the offshore grids for renewable energy, should the ENTSO for Electricity not develop, in time, the integrated offshore network development plans, referred to in paragraph 2, the Commission shall, on the basis of expert advice, draw-up an integrated offshore network development plan per sea-basin for each priority offshore grid corridor set out in Annex I. |
deleted |
Amendment 154
Proposal for a regulation
Article 15 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. The Commission shall develop, by means of implementing acts, principles for a specific cost-benefit and cost-sharing methodology for the deployment of the integrated offshore network development plan referred to in Article 14(2) in accordance with the agreement referred to in Article 14(1) as part of the guidelines referred to in Article 16(10). Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 21(2). |
1. By March 2024, the Agency shall develop a Recommendation, on the principles an adapted, cost-sharing methodology for the deployment of the integrated offshore network development plan referred to in Article 14(2) in accordance with the joint declaration referred to in Article 14(1) . Those principles shall be compatible with Article 16(1). The Agency shall update its recommendation when appropriate, taking into account the results of the implementation of the principles. |
Amendment 155
Proposal for a regulation
Article 15 – paragraph 1 a (new)
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Text proposed by the Commission |
Amendment |
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1a. Within 12 months of the publication of the recommendation referred to in paragraph 1, the relevant ENTSO and other relevant stakeholders, with the involvement of the relevant TSOs, the national regulatory authorities and the Commission, shall develop cost-benefit and cost-sharing methodology for the deployment of the offshore network development plan. The methodology shall make recommendations for allocation of costs by sea basin, without making a project-by-project assessment. |
Amendment 156
Proposal for a regulation
Article 15 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. Within 12 months from the publication of the principles referred to in paragraph 1, the ENTSO for Electricity, with the involvement of the relevant TSOs, the national regulatory authorities and of the Commission, shall present the results of the application of the cost-benefit and cost-sharing methodology to the priority offshore grid corridors. |
2. Within 12 months from the publication of the methodology referred to in paragraph 1(a), the relevant ENTSO with the involvement of the relevant TSOs, the national regulatory authorities, the Commission and other relevant stakeholders, shall present the results of the application of the cost-sharing methodology to the priority offshore grid corridors. |
Amendment 157
Proposal for a regulation
Article 15 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. Within six months from the presentation of the results as referred to in paragraph 2, the relevant Member States, shall update their written agreement referred to in Article 14(1) with the updated joint definition of the amount of the offshore renewable generation to be deployed within each sea basin in 2050, with intermediate steps in 2030 and 2040, and the relevant agreement to cooperate for the achievement of such amounts. |
3. Within six months from the presentation of the results as referred to in paragraph 2, the relevant Member States, shall annex the final provisions on cross-border cost sharing to their written joint declaration referred to in Article 14(1) containing in particular the joint definition of goals for the offshore renewable generation to be deployed within each sea basin in 2050, with intermediate steps in 2030 and 2040, and the relevant agreement to cooperate for the achievement of such objectives. |
Amendment 158
Proposal for a regulation
Article 15 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. Within six months from the updated written agreements referred to in paragraph 3, for each sea basin, the ENTSO for Electricity shall update the integrated offshore network development plans by following the procedure set out in Article 14(2) to (5). The procedure described in Article 14(6) shall apply. |
4. When the relevant ENTSO updates the integrated offshore network development plans by following the procedure set out in Article 14(2) to (5). That update shall comply with the annex to the written joint declaration referred to in paragraph 3 of this Article and shall be integrated into the following ten-year network development plan. |
Amendment 159
Proposal for a regulation
Article 16 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. The efficiently incurred investment costs, which excludes maintenance costs, related to a project of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) of Annex II and projects of common interest falling under the category set out in point (3) of Annex II, where they fall under the competency of national regulatory authorities, shall be borne by the relevant TSO or the project promoters of the transmission infrastructure of the Member States 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 excludes maintenance costs, related to a project of common interest falling under the categories set out in points (1)(a), (aa), (b), (c) and (e) of Annex II and projects of common interest falling under the category set out in point (3) of Annex II, where they fall under the competency of national regulatory authorities in each Member State concerned, shall be borne by the relevant TSO or the project promoters of the transmission infrastructure of the Member States 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. |
Amendment 160
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1
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Text proposed by the Commission |
Amendment |
2. The provisions of this Article shall apply to a project of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) of Annex II where at least one project promoter requests the relevant national authorities their application for the costs of the project. They shall apply to a project of common interest falling under the category set out in point (3) of Annex II, as relevant, only where an assessment of market demand has already been carried out and indicated that the efficiently incurred investment costs cannot be expected to be covered by the tariffs. |
2. The provisions of this Article shall apply to a project of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) of Annex II where at least one project promoter requests the relevant national authorities their application for the costs of the project. |
Amendment 161
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2
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Text proposed by the Commission |
Amendment |
Projects falling under the category set out in points (1) (e) and (2) of Annex II may benefit from the provisions of this Article where at least one project promoter requests its application to the relevant national authorities. |
Projects falling under the category set out in points (1) (d) and (2) of Annex II may benefit from the provisions of this Article where at least one project promoter requests its application to the relevant national authorities. |
Amendment 162
Proposal for a regulation
Article 16 – paragraph 3 – subparagraph 2 – point a
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Text proposed by the Commission |
Amendment |
(a) up-to-date project-specific cost-benefit analysis consistent with the methodology drawn up pursuant to Article 11 and taking into account benefits beyond the borders of the Member States on the territory of which the project is located by using the same scenario as used in the selection process for the elaboration of the Union list where the project of common interest is listed; |
(a) up-to-date project-specific cost-benefit analysis consistent with the methodology drawn up pursuant to Article 11 and taking into account benefits beyond the borders of the Member States on the territory of which the project is located by considering at least the joint scenarios established for network development planning referred to in Article 12; |
Amendment 163
Proposal for a regulation
Article 16 – paragraph 3 – subparagraph 4
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Text proposed by the Commission |
Amendment |
The national regulatory authorities shall, upon receipt, transmit to the Agency, without delay, a copy of each investment request, for information purposes. |
The project promoter shall transmit to the Agency a copy of the investment request, for information purposes. |
Amendment 164
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1
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Text proposed by the Commission |
Amendment |
Within six months of the date on which the last investment request is received by the relevant national regulatory authorities, those national regulatory authorities shall, after consulting the project promoters concerned, take joint coordinated decisions on the allocation of investment costs to be borne by each system operator for the project, as well as their inclusion in tariffs. The national regulatory authorities shall include all the efficiently incurred investment costs in tariffs in line with the allocation of investment costs to be borne by each system operator for the project. The national regulatory authorities shall thereafter assess, where appropriate, whether any affordability issues might arise due to the inclusion of the investment costs in tariffs. |
Within six months of the date on which the last investment request is received by the relevant national regulatory authorities, those national regulatory 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 or a part of the project if the common analysis of national regulatory authorities concludes that the project or a part of it fails to provide a significant net benefit at Union level. The national regulatory authorities shall include the relevant efficiently incurred investment costs in tariffs in line with the allocation of investment costs to be borne by each system operator for the project. The national regulatory authorities shall thereafter assess, where appropriate, whether any affordability issues might arise due to the inclusion of the investment costs in tariffs. |
Amendment 165
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 4
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Text proposed by the Commission |
Amendment |
In allocating costs across borders, the relevant national regulatory authorities, in consultation with the TSOs concerned, shall seek a mutual agreement based on, but not limited to, the information specified in paragraphs 3(a) and (b). Their assessment shall be based on the same scenario as used in the selection process for the elaboration of the Union list where the project of common interests is listed. |
In allocating costs across borders, the relevant national regulatory authorities, in consultation with the TSOs concerned, shall seek a mutual agreement based on, but not limited to, the information specified in paragraphs 3(a) and (b). Their assessment shall take into account all the relevant scenarios referred to in Article 12 and other scenarios for network development planning, 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. |
Amendment 166
Proposal for a regulation
Article 16 – paragraph 6 – subparagraph 2
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Text proposed by the Commission |
Amendment |
In that case or upon a request from at least one of the relevant national regulatory authorities, the decision on the investment request including cross-border cost allocation referred to in paragraph 3 as well as the necessity for the inclusion of the cost of the investments, in its totality, as allocated across borders in the tariffs 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 decision on the investment request including cross-border cost allocation referred to in paragraph 3 shall be taken by the Agency within three months of the date of referral to the Agency. |
Amendment 167
Proposal for a regulation
Article 16 – paragraph 6 – subparagraph 4
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Text proposed by the Commission |
Amendment |
The assessment of the Agency shall be based on the same scenario as used in the selection process for the elaboration of the Union list where the project of common interest is listed. |
The assessment of the Agency shall take into account all the relevant scenarios referred to in Article 12 and other scenarios for network development planning, 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. |
Amendment 168
Proposal for a regulation
Article 16 – paragraph 10
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Text proposed by the Commission |
Amendment |
10. By [31 December 2022], the Commission shall adopt implementing acts containing binding guidelines to ensure uniform conditions for the implementation of this Article and the offshore grids for renewable energy cross-border cost sharing as referred to in Article 15(1). The guidelines shall also address the special situation of offshore grids for renewable energy projects of common interest by including principles on how their cross-border cost allocation shall be coordinated with the financing, market and political arrangements of offshore generation sites connected to them. In adopting or amending the guidelines, the Commission shall consult ACER, the ENTSO for Electricity, the ENTSO for Gas, and, where relevant, other stakeholders. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 21(2). |
10. By [31 December 2022], the Agency shall adopt a recommendation to identify good practices for the treatment of investment requests for projects of common interest. The recommendation shall be regularly updated, as necessary and in order to ensure consistency with the principles on the offshore grids for renewable energy cross-border cost sharing as referred to in Article 15(1). In adopting or amending the recommendation, the Agency shall carry out an extensive consultation process, involving all relevant stakeholders. |
Amendment 169
Proposal for a regulation
Article 16 – paragraph 10 a (new)
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Text proposed by the Commission |
Amendment |
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10a. Projects of mutual interest shall be assimilated with projects of common interest and be eligible for cross-border cost allocation decisions for the part of the investment costs located on the territory of the Union or in countries applying the Union acquis and which have concluded an agreement with the Union. |
Amendment 170
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
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Text proposed by the Commission |
Amendment |
2. Projects of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) of Annex II and point (3) of Annex II, except for hydro-pumped electricity storage projects, are also eligible for Union financial assistance in the form of grants for works where they fulfil all of the following criteria: |
2. Projects of common interest falling under the categories set out in points (1)(a), (aa), (b), (c) and (e) of Annex II and point (3) of Annex II, except for hydro-pumped electricity storage projects, are also eligible for Union financial assistance in the form of grants for works where they fulfil all of the following criteria: |
Amendment 171
Proposal for a regulation
Article 18 – paragraph 2 – point a
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Text proposed by the Commission |
Amendment |
(a) the project specific cost-benefit analysis pursuant to Article 16(3)(a) provides evidence concerning the existence of significant positive externalities, such as security of supply, system flexibility, solidarity or innovation; |
(a) the project specific cost-benefit analysis pursuant to Article 16(3)(a) provides evidence concerning the existence of significant positive externalities, such as security of supply, system flexibility, solidarity, innovation, or sustainability; |
Amendment 172
Proposal for a regulation
Article 18 – paragraph 2 – point c
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Text proposed by the Commission |
Amendment |
(c) the project is not commercially viable according to the business plan and other assessments carried out, in particular by potential investors or creditors or the national regulatory authority. The decision on incentives and its justification referred to in Article 17(2) shall be taken into account when assessing the project’s commercial viability. |
(c) the project cannot be financed by the market or through the regulatory framework according to the business plan and other assessments carried out, in particular by potential investors or creditors or the national regulatory authority. In the case of a decision granting incentives and justification thereof, as referred to in Article 17(2), it shall be taken into account when assessing the project’s need for Union financial assistance; |
Amendment 173
Proposal for a regulation
Article 18 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. Projects of common interest falling under the categories set out in points (1)(d), (2) and (5) of Annex II shall also be eligible for Union financial assistance in the form of grants for works, where the concerned project promoters can clearly demonstrate significant positive externalities, such as security of supply, system flexibility, solidarity or innovation, generated by the projects and provide clear evidence of their lack of commercial viability, in accordance with the cost-benefit analysis, the business plan and assessments carried out, in particular by potential investors or creditors or, where applicable, a national regulatory authority. |
4. Projects of common interest falling under the categories set out in points (1)(d), (2), (4, (5) and (5a) of Annex II shall also be eligible for Union financial assistance in the form of grants for works, where the concerned project promoters, in evaluation carried out by the relevant national authority, can clearly demonstrate significant positive externalities, such as security of supply, system flexibility, solidarity, innovation or sustainability, generated by the projects and provide clear evidence of their lack of commercial viability, in accordance with the cost-benefit analysis, the business plan and assessments carried out, in particular by potential investors or creditors or, where applicable, a national regulatory authority. |
Amendment 174
Proposal for a regulation
Article 18 – paragraph 5 a (new)
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Text proposed by the Commission |
Amendment |
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5a. Support for the empowerment of stakeholders with a view to fulfilling their role in the Stakeholder Committee shall be eligible for Union financial assistance in the form of grants for capacity building, skilling and training. |
Amendment 175
Proposal for a regulation
Article 19 – paragraph 1
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Text proposed by the Commission |
Amendment |
The specific criteria set out in Article 4(3) and the parameters set out in Article 4(5) shall apply for the purpose of establishing award criteria for Union financial assistance in in Regulation (EU)… [on a Connecting Europe Facility as proposed by COM(2018)438]. |
The specific criteria set out in Article 4(3) and the parameters set out in Article 4(5) shall be taken into consideration for the purpose of establishing award criteria for Union financial assistance in in Regulation (EU)… [on a Connecting Europe Facility as proposed by COM(2018)438]. |
Amendment 176
Proposal for a regulation
Article 22 – paragraph 1 – point d
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Text proposed by the Commission |
Amendment |
(d) the progress achieved in the planning, development, construction and commissioning of offshore grids for renewable energy and the enabled deployment of offshore renewable energy; |
(d) the progress achieved in the planning, development, construction and commissioning of offshore grids for renewable energy and energy infrastructure for offshore renewable electricity, as well as the enabled deployment of offshore renewable energy; |
Amendment 177
Proposal for a regulation
Article 22 – paragraph 1 – point e
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Text proposed by the Commission |
Amendment |
(e) for the electricity and hydrogen sectors, the evolution of the interconnection level between Member States, the corresponding evolution of energy prices, as well as the number of network system failure events, their causes and related economic cost; |
(e) for the electricity and hydrogen sectors, the evolution of the interconnection level between Member States or the level of flexibility achieved, the corresponding evolution of energy prices, as well as the number of network system failure events, their causes and related economic cost and the contribution to energy system integration; |
Amendment 178
Proposal for a regulation
Article 22 – paragraph 1 – point f – point iii
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Text proposed by the Commission |
Amendment |
(iii) an overview of best and innovative practices with regard to stakeholder involvement and mitigation of environmental impact during permit granting processes and project implementation, including climate adaptation; |
(iii) an overview of best and innovative practices with regard to stakeholder involvement and mitigation of environmental impact during permit granting processes and project implementation, including alternative routing and climate adaptation; |
Amendment 179
Proposal for a regulation
Article 22 – paragraph 1 – point h
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Text proposed by the Commission |
Amendment |
(h) the effectiveness of this Regulation in contributing to the climate and energy targets for 2030, and, in the longer term, to the achievement of climate neutrality by 2050. |
(h) the effectiveness of this Regulation in contributing to the climate and energy targets for 2030, and, in the longer term, to the achievement of climate neutrality at the latest by 2050. |
Amendment 180
Proposal for a regulation
Article 22 a (new)
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Text proposed by the Commission |
Amendment |
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Article 22a |
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Review |
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By 30 June 2027, the Commission shall carry out a review of this Regulation, on the basis of the results of the reporting and evaluation provided for in Article 22, as well as the implementation and evaluation reports carried out pursuant to Articles 22 and 23 of Regulation (EU) 2021/1153 of the European Parliament and of the Council1a. |
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_________________ |
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1a Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 (OJ L 249, 14.7.2021, p. 38.). |
Amendment 181
Proposal for a regulation
Article 23 – paragraph 1 – point c
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Text proposed by the Commission |
Amendment |
(c) the main expected benefits and the costs of the projects except for any commercially sensitive information; |
(c) the main expected benefits and contribution to objectives referred to in Article 1 and the costs of the projects except for any commercially sensitive information; |
Amendment 182
Proposal for a regulation
Article 24 a (new)
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Text proposed by the Commission |
Amendment |
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Article 24a |
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Transitional period |
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1. During a transitional period, dedicated hydrogen assets converted from natural gas assets falling under the energy infrastructure category set out in point (3) of Annex II could be used for transport or storage of a pre-defined blend of hydrogen with natural gas or biomethane. |
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2. During the transitional period, the project promoters shall closely cooperate on project design and implementation in order to ensure interoperability of neighbouring networks. |
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3. This transitional period shall end on 31 December 2029, whereas any eligibility for Union financial assistance under Article 18 shall end on 31 December 2027. The project promoter shall demonstrate how and be contractually bound to ensure that, by the end of this transitional period, the assets referred to in paragraph 1 will cease to be natural gas assets and become dedicated hydrogen assets, as set out in point (3) of Annex II, as well as on the increased use of hydrogen enabled during the transitional period. Such proof shall include an assessment of the supply and demand of renewable or low carbon hydrogen as well as a calculation of the greenhouse gas emissions reduction enabled by the project, which are both regularly verified together with the timely implementation by the Commission. This condition shall be reflected in the CEF Grant Agreement. |
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4. In assessing candidate projects falling under this Article, the Groups and the Commission shall ensure that they are designed in view of creating dedicated hydrogen assets by the end of the transitional period and do not lead to a prolongation of the lifetime of natural gas and that interoperability of neighbouring networks across borders is ensured. |
Amendment 183
Proposal for a regulation
Article 24 b (new)
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Text proposed by the Commission |
Amendment |
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Article 24b |
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Derogation for natural gas projects |
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1. By way of derogation from Article 4(1) points (a) and (b), Article 4(2) to (5), of this Regulation, natural gas projects that were included in the fourth or fifth Union list established pursuant to Regulation (EU) No 347/2013 shall be eligible to be included in the first Union list adopted in accordance with Article 3(4) of this Regulation, provided that they: |
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(a) concern any of the following energy infrastructure categories: |
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(i) transmission pipelines for the transport of natural gas; |
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(ii) underground storage facilities or reception, storage and regasification or decompression facilities for liquefied natural gas (LNG) or compressed natural gas (CNG); or |
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(iii) any equipment or installation essential for the system to operate safely, securely and efficiently or to enable bi-directional capacity, including compression stations; |
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(b) contribute significantly to sustainability, including by enhancing the switch from solid fossil fuels, in particular coal, lignite, peat and oil shale, to natural gas, as provided for in the integrated national climate and energy plans referred to in Article 3 of Regulation (EU) 2018/1999 of the European Parliament and of the Council1a, by reducing greenhouse gas emissions and by improving air quality; |
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(c) are necessary for closing missing interconnections between Member States; |
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(d) contribute to the decarbonisation objectives of the Union, including through the integration of renewable energy; and |
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(e) contribute significantly to at least one of the following specific criteria: |
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(i) market integration, including through lifting the isolation of at least one Member State and reducing energy infrastructure bottlenecks; interoperability and system flexibility; |
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(ii) security of supply, including through appropriate connections and diversification of supply sources, supplying counterparts and routes; |
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(iii) competition, including through diversification of supply sources, supplying counterparts and routes. |
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2. Natural gas projects as referred to in paragraph 1 shall not be eligible for Union financial assistance under Regulation (EU) 2021/1153. |
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__________________ |
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1a Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1). |
Amendment 184
Proposal for a regulation
Article 29 – paragraph 1
Regulation (EU) 2019/942
Article 11 – point c
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Text proposed by the Commission |
Amendment |
(c) carry out the obligations laid out in Articles 5, Articles 11(2), 11(8), 11(9), 11(10), Articles 12, 13 and Article 17(5) and in point (12) of Annex III of [the TEN-E Regulation as proposed by COM(2020)824]; |
(c) carry out the obligations laid out in Articles 5, Articles 11(2), 11(9), 11(10), Articles 12, 13 and Article 17(5) and in point (12) of Annex III of [the TEN-E Regulation as proposed by COM(2020)824]; |
Amendment 185
Proposal for a regulation
Article 29 – paragraph 1
Regulation (EU) 2019/942
Article 11 – point d
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Text proposed by the Commission |
Amendment |
(d) take decisions on approving incremental changes to cost-benefit analysis methodologies pursuant to Article 11(6) and on investment requests including cross-border cost allocation pursuant to Article 16(6) of [TEN-E Regulation as proposed by COM(2020)824]. |
(d) take decisions on investment requests including cross-border cost allocation pursuant to Article 16(6) of [TEN-E Regulation as proposed by COM(2020)824]. |
Amendment 186
Proposal for a regulation
Article 30 – paragraph 1
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Text proposed by the Commission |
Amendment |
Regulation (EU) No 347/2013 is repealed from [1 January 2022]. No rights shall arise under the present Regulation for projects listed in the Annexes to Regulation (EU) 347/2013. |
Regulation (EU) No 347/2013 is repealed from [1 January 2022]. |
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Save where otherwise provided for in this Regulation, no rights shall arise under the present Regulation for projects listed in the Annexes to Regulation (EU) 347/2013. |
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Decisions on cross-border cost allocations granted on the basis of Article 12 of Regulation (EU) No 347/2013 and related to projects for which at least the construction phase has been initiated shall remain valid. This Regulation shall apply to those decisions. |
Amendment 187
Proposal for a regulation
Annex I – Part 2 – point 4 – subparagraph 1
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Text proposed by the Commission |
Amendment |
Northern Seas offshore grid (‘NSOG’): integrated offshore electricity grid development and the related interconnectors in the North Sea, the Irish Sea, the English Channel and neighbouring waters to transport electricity from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricity exchange. |
Northern Seas offshore grids (‘NSOG’): offshore electricity grid development, integrated offshore electricity or hydrogen grid development and the related interconnectors in the North Sea, the Irish Sea, the English Channel and neighbouring waters to transport electricity or hydrogen from renewable offshore energy sources to centres of consumption and storage or to increase cross-border renewable energy exchange. |
Amendment 188
Proposal for a regulation
Annex I – Part 2 – point 5 – subparagaph 1
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Text proposed by the Commission |
Amendment |
Baltic Energy Market Interconnection Plan offshore grid (‘BEMIP offshore’): integrated offshore electricity grid development and the related interconnectors in the Baltic Sea and neighbouring waters to transport electricity from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricity exchange. |
Baltic Energy Market Interconnection Plan offshore grids (‘BEMIP offshore’): offshore electricity grid development or integrated offshore electricity or hydrogen grid development and the related interconnectors in the Baltic Sea and neighbouring waters to transport electricity or hydrogen from renewable offshore energy sources to centres of consumption and storage or to increase cross-border renewable energy exchange. |
Amendment 189
Proposal for a regulation
Annex I – Part 2 – point 6 – subparagraph 1
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Text proposed by the Commission |
Amendment |
South and East offshore grid: integrated offshore electricity grid development and the related interconnectors in the Mediterranean Sea, Black Sea and neighbouring waters to transport electricity from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricity exchange. |
South and East offshore grids: offshore electricity grid development or integrated offshore electricity or hydrogen grids development and the related interconnectors in the Mediterranean Sea, Black Sea and neighbouring waters to transport electricity or hydrogen from renewable offshore energy sources to centres of consumption and storage or to increase cross-border renewable energy exchange. |
Amendment 190
Proposal for a regulation
Annex I – Part 2 – point 7 – subparagraph 1
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Text proposed by the Commission |
Amendment |
South Western Europe offshore grid: integrated offshore electricity grid development and the related interconnectors in the North Atlantic Ocean waters to transport electricity from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricity exchange. |
South Western Europe offshore grids: offshore electricity grid development or integrated offshore electricity or hydrogen grids development and the related interconnectors in the North Atlantic Ocean waters to transport electricity or hydrogen from renewable offshore energy sources to centres of consumption and storage or to increase cross-border renewable energy exchange. |
Amendment 191
Proposal for a regulation
Annex I – Part 3 – point 8 – subparagraph 1
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Text proposed by the Commission |
Amendment |
(8) Hydrogen interconnections in Western Europe (‘HI West’): hydrogen infrastructure enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport. |
(8) Hydrogen interconnections in Western Europe (‘HI West’): hydrogen infrastructure and the repurposing of existing natural gas infrastructure with a view to enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU wide network for hydrogen transport. |
Amendment 192
Proposal for a regulation
Annex I – Part 3 – point 8 – subparagraph 2
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Text proposed by the Commission |
Amendment |
Electrolysers: supporting the deployment of power-to-gas applications aiming to enable greenhouse gas reductions and contributing to secure, efficient and reliable system operation and smart energy system integration. Member States concerned: Austria, Belgium, Denmark, France, Germany, Ireland, Italy, Luxembourg, Malta, the Netherlands, Portugal, and Spain; |
Electrolysers: supporting the deployment of power to gas and power to liquid applications aiming to enable greenhouse gas reductions and contributing to secure, efficient and reliable system operation and smart energy system integration. Member States concerned: Austria, Belgium, Denmark, France, Germany, Ireland, Italy, Luxembourg, Malta, the Netherlands, Portugal, and Spain; |
Amendment 193
Proposal for a regulation
Annex I – Part 3 – point 9 – subparagraph 1
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Text proposed by the Commission |
Amendment |
Hydrogen interconnections in Central Eastern and South Eastern Europe (‘HI East’): hydrogen infrastructure enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport. |
Hydrogen interconnections in Central Eastern and South Eastern Europe (‘HI East’): hydrogen infrastructure and the repurposing of existing natural gas infrastructure with a view to enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU wide network for hydrogen transport. |
Amendment 194
Proposal for a regulation
Annex I – Part 3 – point 9 – subparagraph 2
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Text proposed by the Commission |
Amendment |
Electrolysers: supporting the deployment of power-to-gas applications aiming to enable greenhouse gas reductions and contributing to secure, efficient and reliable system operation and smart energy system integration. Member States concerned: Austria, Bulgaria, Croatia, Cyprus, Czech Republic, Germany, Greece, Hungary, Italy, Poland, Romania, Slovakia and Slovenia; |
Electrolysers: supporting the deployment of power to gas and power to liquid applications aiming to enable greenhouse gas reductions and contributing to secure, efficient and reliable system operation and smart energy system integration. Member States concerned: Austria, Bulgaria, Croatia, Cyprus, Czech Republic, Germany, Greece, Hungary, Italy, Poland, Romania, Slovakia and Slovenia; |
Amendment 195
Proposal for a regulation
Annex I – Part 3 – point 10 – subparagraph 1
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Text proposed by the Commission |
Amendment |
Baltic Energy Market Interconnection Plan in hydrogen (‘BEMIP Hydrogen’): hydrogen infrastructure enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport. |
Baltic Energy Market Interconnection Plan in hydrogen (‘BEMIP Hydrogen’): hydrogen infrastructure and the repurposing of existing natural gas infrastructure with a view to enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU wide network for hydrogen transport. |
Amendment 196
Proposal for a regulation
Annex I – Part 3 – point 10 – subparagraph 2
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Text proposed by the Commission |
Amendment |
Electrolysers: supporting the deployment of power-to-gas applications aiming to enable greenhouse gas reductions and contributing to secure, efficient and reliable system operation and smart energy system integration. Member States concerned: Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland and Sweden. |
Electrolysers: supporting the deployment of power to gas and power to liquid applications aiming to enable greenhouse gas reductions and contributing to secure, efficient and reliable system operation and smart energy system integration. Member States concerned: Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland and Sweden. |
Amendment 197
Proposal for a regulation
Annex I – Part 4 – point 11 – subparagraph 1
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Text proposed by the Commission |
Amendment |
(11) Smart electricity grids deployment: adoption of smart grid technologies across the Union to efficiently integrate the behaviour and actions of all users connected to the electricity network, in particular the generation of large amounts of electricity from renewable or distributed energy sources and demand response by consumers. |
(11) Smart electricity grids deployment: adoption of smart grid technologies across the Union to efficiently integrate the behaviour and actions of all users connected to the electricity network, in particular the generation of large amounts of electricity from renewable or distributed energy sources, demand response by consumers, energy storage, electric vehicles and other flexibility sources. |
Amendment 198
Proposal for a regulation
Annex I – Part 4 – point 12 – subparagraph 1
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Text proposed by the Commission |
Amendment |
(12) Cross-border carbon dioxide network: development of carbon dioxide transport infrastructure between Member States and with neighbouring third countries in view of the deployment of carbon dioxide capture and storage. |
(12) Cross-border carbon dioxide network: development of carbon dioxide transport of different modes and storage infrastructure between Member States and with neighbouring third countries of carbon dioxide captured from industrial clusters for the purpose of permanent geological storage. |
Amendment 199
Proposal for a regulation
Annex I – Part 4 – point 13 a (new)
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Text proposed by the Commission |
Amendment |
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(13a) District Heating and Cooling: Upgrading of district heating and cooling systems to facilitate the uptake of renewable heat and cold including through the use of waste heat and cold and increasing flexibility for the energy system through power-to-heat. |
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Member States concerned: all. |
Amendment 200
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point a
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Text proposed by the Commission |
Amendment |
(a) high-voltage overhead transmission lines, if they have been designed for a voltage of 220 kV or more, and underground and submarine transmission cables, if they have been designed for a voltage of 150 kV or more; |
(a) high-voltage overhead transmission lines, if they have been designed for a voltage of 220 kV or more, including any physical equipment to allow transport of electricity on the high and extra-high voltage level, including high voltage overhead transmission lines, considering internal lines in Member States (concerning connections between islands, as well connections between islands and mainland and interconnections between Member States) and underground and submarine transmission cables, if they have been designed for a voltage of 110 kV or more; |
Amendment 201
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point a a (new)
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Text proposed by the Commission |
Amendment |
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(aa) any equipment or installation falling under category referred to in point (a) enabling transmission of offshore renewable electricity from the offshore generation sites, (energy infrastructure for offshore renewable electricity); |
Amendment 202
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point b
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Text proposed by the Commission |
Amendment |
(b) electricity storage facilities used for storing electricity on a permanent or temporary basis in above-ground or underground infrastructure or geological sites, provided they are directly connected to high-voltage transmission lines designed for a voltage of 110 kV or more; |
(b) energy storage facilities used for storing energy or providing flexibility to the electricity system also in an aggregated form, on a permanent or temporary basis in above-ground or underground infrastructure or geological sites, provided they are directly connected to high-voltage transmission lines designed for a voltage of 110 kV or more; for Member States with only lower voltage lines, that threshold does not apply if duly justified; deferring the final use of electricity to after it was generated or the conversion of electrical energy into a form of energy which can be stored, the storing of that energy, and the subsequent reconversion of that energy back into electrical energy or use as another energy carrier; |
Amendment 203
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point b a (new)
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Text proposed by the Commission |
Amendment |
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(ba) any equipment or installation allowing for electrification of transportation, in particular charging infrastructure within the TEN-T core network; |
Amendment 204
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point d
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Text proposed by the Commission |
Amendment |
(d) systems and components integrating ICT, through operational digital platforms, control systems and sensor technologies both at transmission and medium voltage distribution level, aiming at a more efficient and intelligent electricity transmission and distribution network, increased capacity to integrate new forms of generation, storage and consumption and facilitating new business models and market structures; |
(d) systems and components integrating ICT, through operational digital platforms, control systems and sensor technologies both at transmission and distribution level, aiming at a more efficient and intelligent electricity transmission and distribution network, increased capacity to integrate new forms of generation, energy storage, consumption, demand responses and facilitating new business models and market structures; |
Amendment 205
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point e
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Text proposed by the Commission |
Amendment |
(e) any equipment or installation falling under category referred to in point (a) having dual functionality: interconnection and transmission of offshore renewable electricity from the offshore generation sites to two or more countries, as well as any offshore adjacent equipment or installation essential to operate safely, securely and efficiently, including protection, monitoring and control systems, and necessary substations if they also ensure technology interoperability inter alia interface compatibility between different technologies, (‘offshore grids for renewable energy’). |
(e) any equipment or installation falling under category referred to in point (a) having dual functionality: interconnection and transmission of offshore renewable electricity from the offshore generation sites to two or more countries, including the onshore prolongation of this equipment and the domestic grid reinforcement necessary to ensure an adequate and reliable transmission grid and to supply electricity generated offshore to land locked countries, as well as any offshore adjacent equipment or installation essential to operate safely, securely and efficiently, including protection, monitoring and control systems, and necessary substations if they also ensure technology interoperability inter alia interface compatibility between different technologies, (‘offshore grids for renewable energy’). |
Amendment 206
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point a
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Text proposed by the Commission |
Amendment |
(a) transmission pipelines for the transport of hydrogen, giving access to multiple network users on a transparent and non-discriminatory basis, which mainly contains high-pressure hydrogen pipelines, excluding pipelines for the local distribution of hydrogen; |
(a) high-pressure pipelines for the transport of liquid or gaseous hydrogen, including repurposed natural gas infrastructure, giving access to multiple network users on a transparent and non-discriminatory basis, excluding pipelines for the local distribution of hydrogen; |
Amendment 207
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point c
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Text proposed by the Commission |
Amendment |
(c) reception, storage and regasification or decompression facilities for liquefied hydrogen or hydrogen embedded in other chemical substances with the objective of injecting the hydrogen into the grid; |
(c) reception, storage and regasification or decompression facilities for liquefied hydrogen or hydrogen embedded in other chemical substances with the objective of injecting the hydrogen into pipelines referred to in point (a), where relevant; |
Amendment 208
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point c a (new)
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Text proposed by the Commission |
Amendment |
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(ca) storage facilities connected to the electricity networks that enable integration with electricity sectors, enabling the operations of the energy systems across multiple energy carriers; |
Amendment 209
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d – introductory part
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Text proposed by the Commission |
Amendment |
(d) any equipment or installation essential for the hydrogen system to operate safely, securely and efficiently or to enable bi-directional capacity, including compressor stations. |
(d) any equipment or installation essential for the hydrogen system assets referred to in points (a) to (ca) to operate safely, securely and efficiently or to enable bi-directional capacity, including compressor stations. |
Amendment 210
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d – subparagraph 2
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Text proposed by the Commission |
Amendment |
Any of the assets listed in points (a), (b), (c), and (d) may be newly constructed assets or assets converted from natural gas dedicated to hydrogen, or a combination of the two. |
Any of the assets listed in points (a), (b), (c), (ca) and (d) may be newly constructed assets or assets repurposed from natural gas to hydrogen, or a combination of the two. |
Amendment 211
Proposal for a regulation
Annex II – paragraph 1 – point 4 – point a
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Text proposed by the Commission |
Amendment |
(a) electrolysers that: (i) have at least 100 MW capacity, (ii) the production complies with the life cycle greenhouse gas emissions savings requirement of 70 % relative to a fossil fuel comparator of 94g CO2e/MJ as set out in Article 25(2) and Annex V of Directive (EU) 2018/2001 of the European Parliament and of the Council.60 Life cycle greenhouse gas emissions savings are calculated using the methodology referred to in Article 28(5) of Directive (EU) 2018/2001 or, alternatively, using ISO 14067 or ISO 14064-1. Quantified life-cycle GHG emission savings are verified in line with Article 30 of Directive (EU) 2018/2001 where applicable, or by an independent third party, and (iii) have also a network-related function; |
(a) electrolysers that: (i) have at least 50 MW capacity, provided by a single electrolyser or by a set of electrolysers that form a single, coordinated project or 30 MW for innovative midstream value chain (eg. maritime routes via liquid organic hydrogen carriers, liquid hydrogen or ammonia); (ii) the production complies with the life cycle greenhouse gas emissions savings requirement of 70 % relative to a fossil fuel comparator of 94g CO2e/MJ as set out in Article 25(2) and Annex V of Directive (EU) 2018/2001 of the European Parliament and of the Council.60 Life cycle greenhouse gas emissions savings are calculated using the methodology referred to in Article 28(5) of Directive (EU) 2018/2001 or, alternatively, using ISO 14067 or ISO 14064-1. Quantified life-cycle GHG emission savings are verified in line with Article 30 of Directive (EU) 2018/2001 where applicable, or by an independent third party, and (iii) have also a network-related function; |
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60 OJ L 328, 21.12.2018, p. 82. |
60 OJ L 328, 21.12.2018, p. 82. |
Amendment 212
Proposal for a regulation
Annex II – paragraph 1 – point 4 – point b
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Text proposed by the Commission |
Amendment |
(b) related equipment. |
(b) related equipment, including onshore and offshore electrolysis facilities intended for the conversion of renewable energy into hydrogen and pipeline connection to the network. |
Amendment 213
Proposal for a regulation
Annex II – paragraph 1 – point 5 – point a
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Text proposed by the Commission |
Amendment |
(a) dedicated pipelines, other than upstream pipeline network, used to transport carbon dioxide from more than one source, i.e. industrial installations (including power plants) that produce carbon dioxide gas from combustion or other chemical reactions involving fossil or non-fossil carbon-containing compounds, for the purpose of permanent geological storage of carbon dioxide pursuant to Directive 2009/31/EC of the European Parliament and of the Council61 ; |
(a) dedicated pipelines, other than upstream pipeline network, used to transport carbon dioxide from more than one industrial cluster that produce carbon dioxide gas from combustion or other chemical reactions involving fossil or non-fossil carbon-containing compounds, for the purpose of permanent geological storage of carbon dioxide pursuant to Directive 2009/31/EC of the European Parliament and of the Council61 ; |
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61 OJ L 140, 5.6.2009, p. 114. |
61 OJ L 140, 5.6.2009, p. 114. |
Amendment 214
Proposal for a regulation
Annex II – paragraph 1 – point 5 – point a a (new)
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Text proposed by the Commission |
Amendment |
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(aa) dedicated modes of transport such as ship, barge, truck, and train, used to transport carbon dioxide from more than one industrial clusters that produce carbon dioxide gas from combustion or other chemical reactions involving fossil or non-fossil carbon-containing compounds, for the purpose of permanent geological storage of carbon dioxide pursuant to Directive 2009/31/EC of the European Parliament and of the Council; |
Amendment 215
Proposal for a regulation
Annex II – paragraph 1 – point 5 – point b
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Text proposed by the Commission |
Amendment |
(b) facilities for liquefaction and buffer storage of carbon dioxide in view of its further transportation. This does not include infrastructure within a geological formation used for the permanent geological storage of carbon dioxide pursuant to Directive 2009/31/EC and associated surface and injection facilities; |
(b) facilities for liquefaction and buffer storage of carbon dioxide in view of its further transportation; |
Amendment 216
Proposal for a regulation
Annex II – paragraph 1 – point 5 – point b a (new)
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Text proposed by the Commission |
Amendment |
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(ba) infrastructure within a geological formation used for the permanent geological storage of carbon dioxide pursuant to Directive 2009/31/EC and associated surface and injection facilities; |
Amendment 217
Proposal for a regulation
Annex II – paragraph 1 – point 5 a (new)
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Text proposed by the Commission |
Amendment |
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(5a) concerning district heating and cooling: |
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district heating and cooling systems with total installed capacity of at least 1000 MW of total installed capacity for heating or 100 MW of total installed capacity for cooling and meeting at least [one] of the following criteria: |
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(a) the existence of a district heating infrastructure for the transport of hot steam or water or a distribution network for the transport of chilled liquids in at least one of the following categories: low cooling temperature (5 to 25 degrees Celsius), low temperature (30 to 40 degrees Celsius), average temperature (40 to 90 degrees Celsius) or high temperature (at least 100 degrees Celsius), |
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(b) covering heat generators producing heat and cold through highly efficient cogeneration, as defined in Article 2 point (34) of Directive 2012/27/EU, geothermal energy, heat pumps, bioenergy or waste heat and cold; |
Amendment 218
Proposal for a regulation
Annex III – Part 1 – point 1 – subparagraph 1
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Text proposed by the Commission |
Amendment |
(1) with regard to energy infrastructure falling under the competency of national regulatory authorities, each Group shall be composed of representatives of the Member States, national regulatory authorities, TSOs, as well as the Commission, the Agency and the ENTSO for Electricity or the ENTSO for Gas, as relevant. |
(1) with regard to energy infrastructure falling under the competency of national regulatory authorities, each Group shall be composed of representatives of the Member States, national regulatory authorities, TSOs, DSOs as well as the Commission, the Agency, the Union DSO entity and the ENTSO for Electricity or the ENTSO for Gas, as relevant. |
Amendment 219
Proposal for a regulation
Annex III – Part 1 – point 4
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Text proposed by the Commission |
Amendment |
(4) each Group shall invite, as appropriate for the purpose of implementing the relevant priority designated in Annex I, promoters of a project potentially eligible for selection as a project of common interest as well as representatives of national administrations, of regulatory authorities, and TSOs from third countries. The decision to invite third country-representatives shall be based on consensus. |
(4) each Group shall invite, as appropriate for the purpose of implementing the relevant priority designated in Annex I, promoters of a project potentially eligible for selection as a project of common interest as well as representatives of national administrations, of regulatory authorities, of local authorities and of civil society and TSOs from third countries. The decision to invite third country-representatives shall be based on consensus. |
Amendment 220
Proposal for a regulation
Annex III – Part 1 – point 5
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Text proposed by the Commission |
Amendment |
(5) each Group shall invite, as appropriate, the organisations representing relevant stakeholders — and, where deemed appropriate, directly the stakeholders— including producers, distribution system operators, suppliers, consumers and organisations for environmental protection. The Group may organise hearings or consultations, where relevant for the accomplishments of its tasks. |
(5) each Group shall invite, as appropriate, the organisations representing relevant stakeholders — and, where deemed appropriate, directly the stakeholders— including producers, distribution system operators, suppliers, consumers and organisations for environmental protection and representatives of local populations. The Group shall organise hearings or consultations, where relevant for the accomplishments of its tasks. |
Amendment 221
Proposal for a regulation
Annex III – Part 2 – point 1 – point a a (new)
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Text proposed by the Commission |
Amendment |
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(aa) an indication of the project category as set out in Annex II; |
Amendment 222
Proposal for a regulation
Annex III – Part 2 – point 4
|
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Text proposed by the Commission |
Amendment |
(4) as of 1 January 2024, the proposed hydrogen projects of common interest falling under the categories set out in point (3) of Annex II are projects that are part of the latest available Union-wide ten-year network development plan for gas, developed by the ENTSO for Gas pursuant Article 8 of Regulation (EC) No 715/2009. |
(4) as of 1 January 2024, the proposed hydrogen projects of common interest falling under the categories set out in point (3) of Annex II are projects that are part of the latest available Union-wide ten-year network development plan for gas, developed by the ENTSO for Gas pursuant Article 8 of Regulation (EC) No 715/2009 in close cooperation with hydrogen project promoters, and with due consideration to the opinion of the Agency referred to in Article 4(3) point (b) of Regulation (EU) 2019/942. |
Amendment 223
Proposal for a regulation
Annex III – Part 2 – point 5 – introductory part
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Text proposed by the Commission |
Amendment |
(5) by 30 June 2022 and, subsequently, for every Union-wide ten-year network development plans, the ENTSO for Electricity and ENTSO for Gas shall issue updated guidelines for inclusion of projects in their respective Union-wide ten-year network development plans, referred to in points (3) and (4), in order to ensure equal treatment and transparency of the process. For all the projects included in the Union list of projects of common interest in force at the time, the guidelines shall define a simplified process of inclusion in the Union-wide ten-year network development plans by automatic inclusion taking into account the documentation and data already submitted during the previous Union-wide ten-year network development plan processes as long as the information therein remains valid. |
(5) by 30 June 2022 and, subsequently, for every Union-wide ten-year network development plans, the Agency shall issue updated guidelines for inclusion of projects in the Union-wide ten-year network development plans, referred to in points (3) and (4), in order to ensure equal treatment and transparency of the process. For all the projects included in the Union list of projects of common interest in force at the time, the guidelines shall define a simplified process of data provision in the Union-wide ten-year network development plans by taking into account the documentation and data already submitted during the previous Union-wide ten-year network development plan processes as long as the information therein remains valid. |
Amendment 224
Proposal for a regulation
Annex III – Part 2 – point 5 – subparagraph 2
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Text proposed by the Commission |
Amendment |
The ENTSO for Electricity and ENTSO for Gas shall consult with 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. |
The Agency shall consult with the Commission and the ENTSO for Electricity and ENTSO for Gas about draft guidelines for inclusion of projects in the Union-wide ten-year network development plans and take due account of their recommendations before the publication of the final guidelines. |
Amendment 225
Proposal for a regulation
Annex III – Part 2 – point 6
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Text proposed by the Commission |
Amendment |
(6) proposed carbon dioxide transport projects falling under the category set out in point (5) 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. |
(6) proposed carbon dioxide transport and storage projects falling under the category set out in point (5) 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. |
Amendment 226
Proposal for a regulation
Annex III – Part 2 – point 10 a (new)
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Text proposed by the Commission |
Amendment |
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(10a) the Group shall consider wether the ‘energy efficiency first’ principle is applied as regards the establishment of the regional infrastructure needs and as regards each of the candidate projects of common interest or projects of mutual interest. The Group shall, in particular, consider solutions such as demand-side management, market arrangement solutions, implementation of digital solutions as priority solutions where they are judged more cost-efficient on a system wide perspective than the construction of new infrastructure. |
Amendment 227
Proposal for a regulation
Annex III – Part 2 – point 11
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Text proposed by the Commission |
Amendment |
(11) the Group shall meet to examine and rank the proposed projects taking into account the assessment of the regulators, or the assessment of the Commission for projects not falling within the competency of national regulatory authorities. |
(11) 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 regulators, or the assessment of the Commission for projects not falling within the competency of national regulatory authorities. |
Amendment 228
Proposal for a regulation
Annex IV – point 1 – point a
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Text proposed by the Commission |
Amendment |
(a) for electricity transmission, the project increases the grid transfer capacity, or the capacity available for commercial flows, at the border of that Member State with one or several other Member States, having the effect of increasing the cross-border grid transfer capacity at the border of that Member State with one or several other Member States, by at least 500 Megawatt compared to the situation without commissioning of the project; |
(a) for electricity transmission, the project increases or ensures maintained grid transfer capacity, or the capacity available for commercial flows, or increases grid stability at the border of that Member State with one or several other Member States, having the effect of increasing the cross-border grid transfer capacity at the border of that Member State with one or several other Member States, by at least 200 Megawatt compared to the situation without commissioning of the project; |
Amendment 229
Proposal for a regulation
Annex IV – point 1 – point c
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Text proposed by the Commission |
Amendment |
(c) for smart electricity grids, the project is designed for equipment and installations at high-voltage and medium-voltage level. It involves transmission system operators, transmission and distribution system operators or distribution system operators from at least two Member States. Distribution system operators can be involved only with the support of the transmission system operators, of at least two Member States, that are closely associated to the project and ensure interoperability. A project covers at least 50000 users, generators, consumers or prosumers of electricity, in a consumption area of at least 300 Gigawatthours/year, of which at least 20 % originate from variable renewable resources; |
(c) for smart electricity grids, the project is designed for equipment and installations at least at low-voltage level. It involves transmission system operators, transmission and distribution system operators or distribution system operators from at least one Member State. A project satisfies at least two of the following criteria: 50 000 users, generators, consumers or prosumers of electricity, a consumption area of at least 300 Gigawatthours/year, where the energy consumed originates from at least 20 % variable renewable resources; or where the project does not need to involve a physical common border; |
Amendment 230
Proposal for a regulation
Annex IV – point 1 – point f
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Text proposed by the Commission |
Amendment |
(f) for electrolysers, the project provides at least 100 MW installed capacity and the brings benefits directly or indirectly to at least two Member States; |
(f) for electrolysers, the project provides at least 50 MW installed capacity provided by a single electrolyser or by a set of electrolysers that form a single, coordinated project or at least 30 MW for innovative midstream value chain and the brings benefits directly or indirectly to at least two Member States; |
Amendment 231
Proposal for a regulation
Annex IV – point 1 – point g a (new)
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Text proposed by the Commission |
Amendment |
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(ga) 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. |
Amendment 232
Proposal for a regulation
Annex IV – point 1 – point g b (new)
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Text proposed by the Commission |
Amendment |
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(gb) for carbon dioxide projects, the project is used to transport or store anthropogenic carbon dioxide originating from at least two Member States; |
Amendment 233
Proposal for a regulation
Annex IV – point 1 – point g c (new)
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Text proposed by the Commission |
Amendment |
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(gc) for district heating and cooling, the project has at least 1000 MW heat production capacity or 100 MW cooling capacity. |
Amendment 234
Proposal for a regulation
Annex IV – point 2 – point c
|
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Text proposed by the Commission |
Amendment |
(c) for projects of mutual interest in the category set out in point (5) of Annex II, the project can be used to transport anthropogenic carbon dioxide by at least two Member States and a third country. |
(c) for projects of mutual interest in the category set out in point (5) 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. |
Amendment 235
Proposal for a regulation
Annex IV – point 3 – introductory part
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Text proposed by the Commission |
Amendment |
(3) Concerning projects falling under the categories set out in points (1)(a), (b), (c) and (e) of Annex II, the criteria listed in Article 4 shall be evaluated as follows: |
(3) Concerning projects falling under the categories set out in points (1)(a), (aa), (b), (c) and (e) of Annex II, the criteria listed in Article 4 shall be evaluated as follows: |
Amendment 236
Proposal for a regulation
Annex IV – point 3 – point a – point i
|
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Text proposed by the Commission |
Amendment |
(i) calculating, for cross-border projects, the impact on the grid transfer capability in both power flow directions, measured in terms of amount of power (in megawatt), and their contribution to reaching the minimum 15% interconnection target, 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 countries or within relevant Member States and on demand-supply balancing and network operations in relevant Member States; |
(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 megawatt), and their contribution to reaching the minimum 15 % interconnection target, 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 countries or within relevant Member States and on demand-supply balancing and network operations in relevant Member States; |
Amendment 237
Proposal for a regulation
Annex IV – point 3 – point b – point i
|
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Text proposed by the Commission |
Amendment |
(i) for electricity transmission, estimating the amount of generation capacity from renewable energy sources (by technology, in megawatts), 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 in 2030 according to the National Energy and Climate Plans submitted by Member States in accordance with Regulation (EU) 2018/1999 of the European Parliament and of the Council62 ; |
(i) for electricity transmission, estimating the amount of generation capacity from renewable energy sources (by technology, in megawatts), which is connected and transmitted due to the project, in terms of reduced curtailment or additional generation capacity compared to the amount of planned total generation capacity from those types of renewable energy sources in the Member State concerned in 2030 according to the National Energy and Climate Plans submitted by Member States in accordance with Regulation (EU) 2018/1999 of the European Parliament and of the Council 62 ; |
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62 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council, OJ L 328, 21.12.2018, p. 1 |
62 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council, OJ L 328, 21.12.2018, p. 1 |
Amendment 238
Proposal for a regulation
Annex IV – point 3 – point b – point ii
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Text proposed by the Commission |
Amendment |
(ii) or electricity storage, comparing new capacity provided by the project with total existing capacity for the same storage technology in the area of analysis as defined in Annex V; |
(ii) or energy storage, comparing new capacity provided by the project with total existing capacity for the same storage technology in the area of analysis as defined in Annex V; |
Amendment 239
Proposal for a regulation
Annex IV – point 3 – point c
|
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Text proposed by the Commission |
Amendment |
(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, notably by assessing the impact of the project on the loss of load expectation for the area of analysis as defined 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. |
(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, notably by assessing the impact of the project on the loss of load expectation for the area of analysis as defined 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; expected changes in the economic and social development of the area and the expected significant increase in demand for power. Where applicable, the impact of the project on independent and reliable control of system operation and services shall be measured. |
Amendment 240
Proposal for a regulation
Annex IV – point 5 – point a
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Text proposed by the Commission |
Amendment |
(a) Sustainability measured as the contribution of a project to: greenhouse gas emission reductions in different end-use applications, such as industry or transport; flexibility and seasonal storage options for renewable electricity generation; or the integration of renewable hydrogen. |
(a) Sustainability measured as the contribution of a project to: greenhouse gas emission reductions in hard-to-abate sectors,, such as industry or transport; flexibility and seasonal storage options for renewable electricity generation; or the integration of renewable and low-carbon hydrogen. |
Amendment 241
Proposal for a regulation
Annex IV – point 5 – point b
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Text proposed by the Commission |
Amendment |
(b) market integration and interoperability measured by calculating the additional value of the project to the integration of market areas and price convergence, to the overall flexibility of the system. |
(b) market integration and interoperability measured by significantly increasing existing cross-border hydrogen transport capacity at a border between two Member States compared to the situation prior to the commissioning of the project. |
Amendment 242
Proposal for a regulation
Annex IV – point 7 – point a
|
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Text proposed by the Commission |
Amendment |
(a) sustainability measured by assessing the share of renewable hydrogen or hydrogen meeting the criteria defined in point (4) (a) (ii) of Annex II integrated into the network, and the related greenhouse gas emission savings; |
(a) sustainability measured by assessing the share of renewable hydrogen or hydrogen meeting the criteria defined in point (4) (a) (ii) of Annex II or renewable synthetic fuels integrated into the network, and the related greenhouse gas emission savings; |
Amendment 243
Proposal for a regulation
Annex IV – point 7 – point c
|
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Text proposed by the Commission |
Amendment |
(c) the facilitation of smart energy sector integration measured by assessing the cost savings enabled in connected energy sectors and systems, such as the gas, hydrogen, power and heat networks, the transport and industry sectors, and the volume of demand response enabled. |
(c) enabling the flexibility services such as demand response and storage by the facilitation of smart energy sector integration through the creation of links to other energy carriers and sectors measured by assessing the cost and greenhouse gas savings and the efficient use of energy enabled in connected energy sectors and systems, such as the gas, hydrogen, power and heat networks, the transport and industry sectors, and the volume of demand response enabled. |
Amendment 244
Proposal for a regulation
Annex IV – point 7 a (new)
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Text proposed by the Commission |
Amendment |
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(7a) Concerning carbon dioxide infrastructure falling under the energy infrastructure categories set out in point (5) of Annex II the criteria listed in Article 4 shall be evaluated as follows: |
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(a) sustainability measured by considering a significant net reduction of emissions along the whole project lifecycle and the absence of alternative technological solutions to achieve the same level of carbon dioxide reduction as the amount of carbon dioxide to be captured, such as energy efficiency, or electrification integrating renewable sources; the minimum capture rate at industrial installations shall be fixed according to best available technology per industry category to be established by the Commission, and shall be greater than the range of 70-90 %; |
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(b) resilience and security measured by assessing the security of the infrastructure and usage of the best-available technology, to be established by the Commission. |
Amendment 245
Proposal for a regulation
Annex IV – point 7 b (new)
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Text proposed by the Commission |
Amendment |
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(7b) concerning heating and cooling projects falling under the category set out in point (5b) of Annex II, the criteria listed in Article 4 shall be assessed in accordance with the following criteria: |
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(a) the level of sustainability: |
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(i) an estimate of the share of heat and cold generation from highly efficient cogeneration, renewable energy and heat and cold connected and integrated into the network due to the project; for renewable energy, the planned share of those types of renewable energy sources in the Member States concerned in 2030 according to the national energy and climate plans submitted pursuant to Article 3 of Regulation (EU)2018/1999 of the European Parliament and of the Council; |
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(ii) a measurement of the system-wide greenhouse gas emission savings towards total system decarbonisation considering the phase-out of solid fossil fuel based heat or cold production in existing systems and improved network efficiency; |
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(b) quality and security of supply measured by assessing the ratio of reliably available supply and demand, the stability of system operation and the contribution to thermal storage and conversion and delivering system services through power to heat/cold solutions. |
Amendment 246
Proposal for a regulation
Annex V – paragraph 1
|
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Text proposed by the Commission |
Amendment |
The methodology for a harmonised energy system-wide cost-benefit analysis for projects of common interest shall satisfy the following principles. |
The methodologies for a harmonised energy system-wide cost-benefit analysis for projects of common interest shall be consistent with each other while taking into account sectorial specificities and shall satisfy the following principles. |
Amendment 247
Proposal for a regulation
Annex V – point 2
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Text proposed by the Commission |
Amendment |
(2) each cost-benefit analysis shall include sensitivity analyses concerning the input data set, the commissioning date of different projects in the same area of analysis and other relevant parameters. |
(2) each cost-benefit analysis shall include sensitivity analyses concerning the input data set, the commissioning date of different projects in the same area of analysis, the potential climate impacts and other relevant parameters. |
Amendment 248
Proposal for a regulation
Annex V – point 3
|
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Text proposed by the Commission |
Amendment |
(3) it shall define the analysis to be carried out, based on the relevant multi-sectorial input data set by determining the impacts with and without each project. |
(3) it shall define the analysis to be carried out, based on the relevant multi-sectorial input data set by determining the impacts with and without each project and include relevant interdependencies with other projects. |
Amendment 249
Proposal for a regulation
Annex V – point 4
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Text proposed by the Commission |
Amendment |
(4) it shall give guidance for the development and use of network and market modelling necessary for the cost-benefit analysis. The modelling shall allow for a full assessment of economic, including market integration, security of supply and competition, social and environmental and climate impacts, including the cross-sectorial impacts. The methodology shall include details on why, what and how each of the benefits and costs are calculated. |
(4) it shall give guidance for the development and use of network and market and wider socio-economic modelling necessary for the cost-benefit analysis. The modelling shall allow for a full assessment of economic, including market integration, security of supply, improving capacity to integrate renewable production, optimising investment and competition, social and environmental and climate impacts, including the direct and indirect cross-sectorial impacts. The methodology shall be fully transparent and include details on why, what and how each of the benefits and costs are calculated. |
Amendment 250
Proposal for a regulation
Annex V – point 7
|
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Text proposed by the Commission |
Amendment |
(7) it shall, at least, take into account the capital expenditure, operational and maintenance expenditure costs over the assessment lifecycle of the project and decommissioning and waste management costs, where relevant. The methodology shall give guidance on discount rates, assessment lifetime and residual value to be used for the cost- benefit calculations. |
(7) it shall, at least, take into account the capital expenditure, operational and maintenance expenditure costs over the assessment lifecycle of the project and decommissioning and waste management costs, where relevant. The methodology shall give guidance on discount rates, assessment lifetime and residual value to be used for the cost- benefit calculations. It shall also include a methodology to calculate Benefit-to-Cost ratio and the Net Present Value. |
Amendment 251
Proposal for a regulation
Annex VI – point 3 – point a
|
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Text proposed by the Commission |
Amendment |
(a) the stakeholders affected by a project of common interest, including relevant national, regional and local authorities, landowners and citizens living in the vicinity of the project, the general public and their associations, organisations or groups, shall be extensively informed and consulted at an early stage, when potential concerns by the public can still be taken into account and in an open and transparent manner. Where relevant, the competent authority shall actively support the activities undertaken by the project promoter; |
(a) the stakeholders affected by a project of common interest, including relevant national, regional and local authorities, landowners and citizens living in the vicinity of the project, the general public and their associations, organisations or groups, shall be extensively informed and consulted at an early stage, when potential concerns by the public can still be taken into account and in an inclusive, open and transparent manner. Where relevant, the competent authority shall actively support the public participation activities undertaken by the project promoter; |
Amendment 252
Proposal for a regulation
Annex VI – point 3 – point c a (new)
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Text proposed by the Commission |
Amendment |
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(ca) the project promoters shall ensure that consultations take place during a period that allows for open and inclusive public participation; |
Amendment 253
Proposal for a regulation
Annex VI – point 5 – point a
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Text proposed by the Commission |
Amendment |
(a) publish an information leaflet of no more than 15 pages, giving, in a clear and concise manner, an overview of the description, purpose and preliminary timetable of the development steps of the project, the national grid development plan, alternative routes considered, types and characteristics of the potential impacts, including of cross-border or transboundary nature, and possible mitigation measures, which shall be published prior to the start of the consultation; The information leaflet shall furthermore list the web addresses of the website of the project of common interest referred to in Article 9(7), the transparency platform referred to in Article 23 and of the manual of procedures referred to in point (1); |
(a) publish, in electronic and printed form, an information leaflet of no more than 15 pages, giving, in a clear and concise manner, an overview of the description, purpose and preliminary timetable of the development steps of the project, the national grid development plan, alternative routes considered, types and characteristics of the potential impacts, including of cross-border or transboundary nature, and possible mitigation measures, which shall be published prior to the start of the consultation; The information leaflet shall furthermore list the web addresses of the website of the project of common interest referred to in Article 9(7), the transparency platform referred to in Article 23 and of the manual of procedures referred to in point (1); |
Amendment 254
Proposal for a regulation
Annex VI – point 5 – point b
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Text proposed by the Commission |
Amendment |
(b) publish the information on the consultation on the website of the project of common interest referred to in Article 9(7), on the bulletin boards of the offices of local administrations, and, at least, in two local media outlets; |
(b) publish the information on the consultation on the website of the project of common interest referred to in Article 9(7), on the bulletin boards of the offices of local administrations, and, at least, in two local media outlets, if applicable; |
Amendment 255
Proposal for a regulation
Annex VI – point 5 – point c
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Text proposed by the Commission |
Amendment |
(c) invite in written form relevant affected stakeholders, associations, organisations and groups to dedicated meetings, during which concerns shall be discussed; |
(c) invite in written or electronic form relevant affected stakeholders, associations, organisations and groups to dedicated meetings, during which concerns shall be discussed; |
Explanatory Statement
The rapporteur welcomes the review of TEN-E regulation. The technological developments in the energy field, the objectives of sectors integration together with the new political context reflected in the EU’s energy and climate targets for 2030 and long-term decarbonisation commitment necessitates the changes in this flagship instrument supporting interconnection of energy networks.
The ambitious goal and accelerated speed of their achievement requires robust development of strategically important priority projects. The rapporteur welcomes the establishment of new categories of projects. While acknowledging the removal of the oil category, the rapporteur believes that regarding gas, the Commission’s estimations of the level of connectivity and supply resilience might be overly optimistic. Although the state of gas market has improved substantially since 2013, there are not yet enough interconnection and competitive conditions in a lot of the smaller gas markets, for example in South East Europe, and connectivity still poses a problem between some Members States and the rest of Europe to ensure that there is a meaningful price convergence with North West Europe. Moreover, in some Member States natural gas projects represent substantial potential for reduction of CO2 emissions, including by facilitating transition from solid fossil fuels, in particular coal, lignite, peat and oil shale, to natural gas, therefore being the essential part of their decarbonisation strategies. As stated by the European Council, in the December 11th 2020 meeting conclusions, to reach climate goals in a sustainable way European legislations shall “respect the right of the Member States to decide on their energy mix and to choose the most appropriate technologies to achieve collectively the 2030 climate target, including transitional technologies such as gas”. Notwithstanding a decreasing number of gas PCI projects being observed from the first till the fourth list, the current list still includes 32 gas PCIs. More than half of them are located at NSI East Gas corridor (18), then followed SGC (6), BEMIP (5) and only 3 of them present at NSI West. The location of the majority of gas projects in Central Eastern and South Eastern Europe results from the persisting need to improve security of supply standards, diversification of gas supply, competitiveness and gas market integration in this part of Europe. The revision of the Regulation poses a risk for their (timely) completion, therefore further compromising the integrity of the energy market.
The rapporteur acknowledges the provisions in Article 5.9 regarding maintaining by former PCI projects their rights and obligations arising from Chapter III, however is of the opinion that they are not sufficient. 31% of gas PCIs are under consideration and 6% reached planning status but have not yet entered into the permitting phase. Moreover, although 80% of gas PCIs are expected to be commissioned by 2025, experts estimate that the planning for gas PCIs was too optimistic and expect a more distant date of their completion. The rapporteur is of the opinion that it is appropriate to ensure the principle of continuity for these projects by introducing the transitional provisions. Therefore he proposes that the natural gas infrastructure projects which are already included in the fourth Union list established pursuant to Regulation (EU) No 347/2013 or will be included in the fifth one should be able to maintain this status and be eligible for the first Union list to be established under this Regulation. This does not provide for their automatic inclusion since, as all other categories of projects, they will have to take the same selection path, including being assessed against criteria laid down in Article 4.
The rapporteur welcomes inclusion of the category of smart gas grids considering them as the key enabler of the energy transition and an important tool of the circular economy. However, in his view, in order to support the development of clean gases, the definition of smart gas grids should not be limited to digital solutions but broadened to cover necessary technical and engineering investments such as valves, compressor stations and metering infrastructure. In some cases, digital solutions may be required for the integration of decentralised renewable and low-carbon gases, in other cases not. For example, a solution might be physical or digital or a combination of physical and digital methods to create smart gas grids.
The rapporteur commends the inclusion of offshore grids into the scope of the regulation. The support for “hybrid” offshore projects however should not overshadow the need for supported development of simple radial connections. The Member States are currently in different phases of development of their offshore infrastructure. This is why the more advanced engage with complex integrated infrastructure, whereas the newcomers start with non-integrated (radial) grid where functions of interconnection and wind farm connection to the power system are performed by separate transmission lines. Limiting the support only to “hybrid” projects could have a perverse effect in the development of the offshore renewable electricity equitably in all EU waters. Therefore the rapporteur suggests to extend the scope of the priority infrastructure projects to electricity transmission infrastructure from offshore generation sites connected radially. This category of infrastructure will have a significant cross-border impact as available volumes of electricity generated from renewables will increase on the internal EU energy market.
As for electrolyser facilities the rapporteur shares the view that support for their development is necessary in order to accelerate the transition to clean energy. However, the rapporteur believes that other instruments exist to foster their uptake in the market. The TEN-E aims to deal with trans-European networks in the area of energy infrastructures according to art. 170 - 172 TFUE. Therefore it is difficult to agree with the Commission's intention to deviate from this scope by creating a specific PCI category focused on energy generation. They cannot be considered as contributing to interconnection or interoperability of national networks, nor their trans-European character is fully justified. The suggested cross-border impact of electrolysers (direct or indirect benefits to at least two Member States) and sustainability criteria (greenhouse gas emissions savings) could on that basis be potentially extended to any power generation based on renewable sources posing a difficult task to provide a compelling argument for exclusion of those others technologies. While fully acknowledging the need to ensure accelerated development of electrolysers across the EU and financial support required, the rapporteur believes that this category should be deleted from the scope of the regulation and the above support measure be addressed in other instruments.
The rapporteur notes that there are growing expectations regarding increased scrutiny from the side of public bodies, such as ACER and the Commission, over the infrastructure development process. The rapporteur agrees with the changes proposed, while nevertheless insisting that European Network of Transmission System Operators for Electricity and for Gas (ENTSOs) and transmission system operators should keep the central role in the process due to their unique expertise on modelling and scenarios and their knowledge on the infrastructural needs and challenges of the particular Member States. The suggested amendments aim to reflect this approach as well as to add clarity and necessary simplifications with a view of avoiding administrative burden for the actors and ensuring efficiency of this complex and demanding process.
As for the cross-border cost allocation (CBCA) the rapporteur is of the opinion that few changes proposed by the Commission unintentionally restricts the capacity of the national regulatory authorities (NRAs). While taking into account the Commission position on the necessity to harmonise NRAs approaches, the rapporteur believes that the above could be achieved by appropriate guidelines, whereas the evolution of the costs to be included into tariffs shall be under the sole remit of the NRAs (and ACER, where appropriate). The NRAs should remain free to exclude some project elements from the cost allocation if they conclude that those exceed what is necessary and do not provide a net benefit to the Member States concerned. Likewise, the rapporteur is of the opinion that it is necessary to maintain the principle of good cooperation among NRAs on infrastructure development and that ACER should step in only when there are clearly no prospects for reaching the agreement within six-month time limit and all regulators concerned in a joint request ask for its intervention.
ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:
Entity and/or person |
ACER - CEER |
Bellona Europa |
Clean Air Task Force |
currENT |
EDF |
Edison |
Electrification Alliance |
Enel |
ENTSO-E |
ENTSO-G |
Euroheat & Power |
European Sea Ports Organisation - ESPO |
Gaz-System |
GD4S |
GEODE |
GRTgaz |
Hydrogen Europe |
IOGP |
PGE |
PGNiG |
PSE |
Red Eléctrica |
SolarPower Europe |
T&D Europe |
URE – Polish Energy Regulator |
Wind Europe |
Zero Emissions Platform |
OPINION OF THE COMMITTEE ON THE ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY (22.6.2021)
for the Committee on Industry, Research and Energy
on the proposal for a regulation of the European Parliament and of the Council on guidelines for trans-European energy infrastructure and repealing Regulation (EU) No 347/2013
(COM(2020)0824 – C9‑0417/2020 – 2020/0360(COD))
Rapporteur for opinion: Marie Toussaint
SHORT JUSTIFICATION
Europe is striving to be the first climate-neutral continent, with the European Green Deal as a transformation plan towards a sustainable economy. Yet today, the burning of fossil fuels is responsible for over 75% of EU GHG emissions. Reaching climate neutrality as soon as possible requires a fast, just and complete energy transition. The transition will only be possible if underpinned by adequate infrastructure, through the Regulation on guidelines for trans-European energy infrastructure (TEN-E Regulation). Infrastructure projects take years to design, plan and build and remain in operation for decades.
The current European energy infrastructures relies on an obsolete model: major transmission lines for electricity, gas and oil bringing large-scale production to consumption centres, with distribution lines linking to final customers. Tomorrow's energy system will integrate various systems and sectors, with a multitude of actors for production, conversion, aggregation, management, transport and storage of energy, in particular at local level.
EU energy investment needs for infrastructures are estimated at EUR 318 billion between 2030 and 2050[3]. The application of the energy efficiency first principle is thus a priority to keep costs in check, while providing numerous co-benefits. Europe cannot afford wasting resources in stranded assets. Each new “hardware” project should be duly assessed against alternative “non-wire” options, and should lie on sound sustainability criteria guaranteeing full contribution to achieving the climate neutrality goal.
According to most scenarios, the residual energy demand will be almost entirely met by energy produced from renewable sources. While harnessing offshore renewable energy will require the extension of long-distance transmission infrastructure, we need to develop smart distribution grids, storage and flexibility solutions to deal with variability of supply from small-scale renewable installations. Renewable hydrogen can be used for applications, where direct electrification is technologically difficult.
As ENVI Members, it is our prerogative to safeguard infrastructure legislation that puts the EU on track to reduce emissions on a science-based basis, to protect resources and ensure effective democratic control. Therefore, your Madam rapporteur proposes the following:
A new governance framework to operationalise the energy efficiency first principle and to guarantee the achievement of EU climate goals
Network operators have an undisputed expertise, but also a clear interest in infrastructure expansion. We must avoid relying solely on them for the impartial assessment of hardware projects against energy efficiency and flexibility options and for the integration of the electricity, heating & cooling, industry and transport sectors.
Thus, a balanced and inclusive “Energy Infrastructure Council” (EIC) is introduced, composed of market operators from all relevant sectors, independent experts and civil society organisations. The EIC will prepare the system-wide cost-benefit analysis, the infrastructure gap analysis, integrated scenarios as well as the Ten-Year-Network-Development-Plan and a robust long-term perspective until 2050.
Enhanced democratic control and inclusive participation
The energy transition will not happen without buy-in from citizens. Their inclusion in the energy infrastructure planning process is crucial. Stakeholders and civil society should participate in the work of the EIC. Transparency must be ensured throughout the process, with special attention to indigenous people and marginalised communities in the choice and design of infrastructures. The role of the Parliament in the selection of the projects of common interest is also reinforced, through scrutiny of delegated acts per infrastructure category.
Priority to renewable energy and decentralisation
The exponential growth of renewable energy requires the expansion of distribution and smart electricity grids, electrolysers to produce renewable hydrogen, related transport infrastructure, as well as extended heating and cooling networks. However, the TEN-E does not properly support these investments. Thus, Madam rapporteur suggests adapting criteria, particularly by lowering project size thresholds and by valuing project benefits beyond their ability to increase physical cross-border transfer capacity.
Madam rapporteur suggests excluding gas and CO2 infrastructure projects from the TEN-E scope: the potential increase in small-scale renewable gas projects requires only limited infrastructure adaptations; given the possibility to replace fossil-based energy production with renewables, potential CO2 capture projects will not be linked to the energy sector and hence the TEN-E.
AMENDMENTS
The Committee on the Environment, Public Health and Food Safety calls on the Committee on Industry, Research and Energy, as the committee responsible, to take into account the following amendments:
Amendment 1
Proposal for a regulation
Recital 14
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Text proposed by the Commission |
Amendment |
(14) Moreover, the Commission’s Hydrogen Strategy29 concluded that for the required deployment of hydrogen a large-scale infrastructure network is an important element that only the Union and the single market can offer. There is currently very limited dedicated infrastructure in place to transport and trade hydrogen across borders. Such should consist of a significant extent of assets converted from natural gas, complemented by new assets dedicated to hydrogen. Furthermore, the Hydrogen Strategy sets a strategic goal to increase installed electrolyser capacity to 40 GW by 2030 in order to scale up the production of renewable hydrogen and facilitate the decarbonisation of fossil-fuel dependent sectors, such as industry or transport. Therefore, the TEN-E policy should include new and repurposed hydrogen transmission infrastructure and storage as well as electrolyser facilities. Hydrogen transmission and storage infrastructure should also be included in the Union-wide ten-year network development plan so as to allow a comprehensive and consistent assessment of their costs and benefits for the energy system, including their contribution to sector integration and decarbonisation, with the aim of creating a hydrogen backbone for the Union. |
(14) Moreover, the Commission’s Hydrogen Strategy29 concluded that for the required deployment of hydrogen a large-scale infrastructure network is an important element that only the Union and the single market can offer. There is currently very limited dedicated infrastructure in place to transport and trade hydrogen across borders. Such infrastructure should consist of a significant extent of assets converted from natural gas, complemented by new assets dedicated to hydrogen. Furthermore, the Hydrogen Strategy sets a strategic goal to increase installed electrolyser capacity to 40 GW by 2030 in order to scale up the production of renewable hydrogen and facilitate the decarbonisation of fossil-fuel dependent sectors, such as industry or transport. Therefore, the TEN-E policy should include new and repurposed hydrogen transmission and distribution infrastructure and storage as well as electrolyser facilities. Hydrogen transmission, distribution and storage infrastructure should also be included in the Union-wide ten-year network development plan so as to allow a comprehensive and consistent assessment of their costs and benefits for the energy system, including their contribution to sector integration and decarbonisation, with the aim of creating a hydrogen backbone for the Union. A new category should be created for heating and cooling networks for projects with a minimum critical mass in accordance with the assessment of the EU Strategy on Heating and Cooling and the EU Energy System Integration Strategy, unlocking the potential of renewable energy-based heating and cooling technologies, as well as heating and cooling innovative technologies harnessing unavoidable excess heat and cold from industrial sites. |
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29 A hydrogen strategy for a climate-neutral Europe, COM(2020)0301. |
29 A hydrogen strategy for a climate-neutral Europe, COM(2020)0301. |
Amendment 2
Proposal for a regulation
Recital 15
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Text proposed by the Commission |
Amendment |
(15) Moreover, a new infrastructure category should be created for smart gas grids to support investments which integrate renewable and low carbon gases such as biogas, biomethane, and hydrogen, in the network and help manage a resulting more complex system, building on innovative digital technologies. |
(15) Moreover, a new infrastructure category should be created for smart gas grids to support investments which integrate renewable gases and hydrogen in the network and help manage a resulting more complex system, building on innovative digital technologies. |
Amendment 3
Proposal for a regulation
Recital 20
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Text proposed by the Commission |
Amendment |
(20) The Union-wide ten-year network development plan process as basis for the identification of projects of common interest in the categories of electricity and gas has proven to be effective. However, while the European Network of Transmission System Operators for Electricity and for Gas (ENTSOs) and transmission system operators have an important role to play in the process, more scrutiny is required, in particular as regards defining the scenarios for the future, identifying long-term infrastructure gaps and bottlenecks and assessing individual projects, to enhance trust in the process. Therefore, due to the need for independent validation, the Agency for the Cooperation of Energy Regulators (‘the Agency’) and the Commission should have an increased role in the process, including in the process for drawing up the Union-wide ten-year network development plan pursuant to Regulation (EU) 2019/943 of the European Parliament and of the Council31 and Regulation (EC) No 715/2009 of the European Parliament and of the Council32 . |
(20) The Union-wide ten-year network development plan process has been the basis for the identification of projects of common interest in the categories of electricity and gas. However, a long-term vision is needed in order to guarantee the adoption of future-proof methodologies and scenarios contributing to achieving the 2030 climate objectives, the 2040 offshore energy development objectives and the objective of climate neutrality by 2050 at the latest. Scientific expertise and the best available, up-to-date evidence, together with information on climate change that is both factual and transparent, is imperative and needs to underpin the Union's climate action and efforts to achieve climate neutrality by2050. Hence, the European Scientific Advisory Board on Climate Change (ESABCC) established by Regulation (EU) 2021/... of the European Parliament and of the Council30a [European Climate Law] should be integrated in the governance process to ensure that the methodologies for the cost benefit analysis, scenarios and infrastructure gaps and the Union lists of projects of common interest are in line with the Union climate objectives. The Agency for the Cooperation of Energy Regulators (‘the Agency’) and the Commission should have an increased role in the process of drawing up the Union-wide ten-year network development plan pursuant to Regulation (EU) 2019/943 of the European Parliament and of the Council31 and Regulation (EC) No 715/2009 of the European Parliament and of the Council32. In addition, the role of other stakeholders and market participants, such as from the demand-side, should be enhanced. |
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30a Regulation (EU) 2021/.... of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L ...). |
31 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54). |
31 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54). |
32 Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ L 211, 14.8.2009, p. 36). |
32 Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ L 211, 14.8.2009, p. 36). |
Amendment 4
Proposal for a regulation
Recital 23
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Text proposed by the Commission |
Amendment |
(23) Following close consultations with all Member States and stakeholders, the Commission has identified 13 strategic trans-European energy infrastructure priorities, the implementation of which is essential for the achievement of the Union’s 2030 and 2050 energy and climate policy targets. Those priorities cover different geographic regions or thematic areas in the field of electricity transmission and storage, offshore grids for renewable energy, hydrogen transmission and storage, electrolysers, smart gas grids, smart electricity grids, and carbon dioxide transport. |
(23) There are 14 strategic trans-European energy infrastructure priorities, the implementation of which is essential for the achievement of the Union’s 2030 and 2050 energy and climate policy targets. Those priorities cover different geographic regions or thematic areas in the field of electricity transmission, distribution and storage, offshore grids for renewable energy and hydrogen, heating and cooling networks, hydrogen transmission, distribution and storage, electrolysers, smart electricity grids, smart gas grids, and carbon dioxide transport. |
Amendment 5
Proposal for a regulation
Recital 24
|
|
Text proposed by the Commission |
Amendment |
(24) Projects of common interest should comply with common, transparent and objective criteria in view of their contribution to the energy policy objectives. In order to be eligible for inclusion in the Union lists, electricity, and hydrogen projects should be part of the latest available Union-wide ten-year network development plan. As hydrogen infrastructure is not currently included in the Union-wide ten-year network development plan, this requirement for hydrogen projects should only apply as of 1 January 2024 for the purposes of the second Union list drawn pursuant to this Regulation. |
(24) Projects of common and mutual interest should comply with common, transparent and objective criteria in view of their contribution to the energy policy objectives. In order to be eligible for inclusion in the Union lists, all projects should be part of the latest available Union-wide ten-year network development plan. While being eligible for inclusion in regional groups’ project lists as soon as this Regulation enters into force, smart electricity grids, smart gas grids, hydrogen, electrolysers and heating and cooling networks are not currently included in the Union-wide ten-year network development plan. The requirement for those projects should only apply as of 1 January 2024 for the purposes of the second Union list drawn pursuant to this Regulation. |
Amendment 6
Proposal for a regulation
Recital 25
|
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Text proposed by the Commission |
Amendment |
(25) Regional groups should be established for the purpose of proposing and reviewing projects of common interest, leading to the establishment of regional lists of projects of common interest. In order to ensure broad consensus, those regional groups should ensure close cooperation between Member States, national regulatory authorities, project promoters and relevant stakeholders. In the context of that cooperation, national regulatory authorities should, where necessary, advise the regional groups, inter alia on the feasibility of the regulatory aspects of proposed projects and on the feasibility of the proposed timetable for regulatory approval. |
(25) Regional groups should be established for the purpose of proposing and reviewing projects of common interest, leading to the establishment of regional lists of projects of common interest. In order to ensure broad consensus, those regional groups should ensure close cooperation between Member States, national regulatory authorities, project promoters, relevant stakeholders, local authorities and civil society organisations. In the context of that cooperation, national regulatory authorities should, where necessary, advise the regional groups on the feasibility of the regulatory aspects of proposed projects, on compliance with sustainability criteria and climate targets and on the feasibility of the proposed timetable for regulatory approval. The composition, the activity and decisions of regional groups should be accessible to the public. |
Amendment 7
Proposal for a regulation
Recital 39
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Text proposed by the Commission |
Amendment |
(39) The discussion on the appropriate allocation of costs should be based on the analysis of the costs and benefits of an infrastructure project carried out on the basis of a harmonised methodology for energy-system-wide analysis, using the same scenario used at the time when the project was included in the Union list of projects of common interest, in the framework of the Union-wide ten-year network development plans prepared by the European Networks of Transmission System Operators pursuant to Regulation (EU) 2019/943 and (EC) No 715/2009, and reviewed by the Agency. That analysis can take into consideration indicators and corresponding reference values for the comparison of unit investment costs. |
(39) The discussion on the appropriate allocation of costs should be based on the analysis of the costs and benefits of an infrastructure project carried out on the basis of a harmonised methodology for energy-system-wide and climate compatibility analysis, using the same scenario used at the time when the project was included in the Union list of projects of common interest, in the framework of the Union-wide ten-year network development plans. This cost-benefit analysis should include full life cycle emissions of a project, as well as other sustainability criteria. The analysis can take into consideration indicators and corresponding reference values for the comparison of unit investment costs. |
Amendment 8
Proposal for a regulation
Recital 50 – subparagraph 1 – introductory part
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Text proposed by the Commission |
Amendment |
(50) In order to ensure that the composition of the priority corridors and thematic areas reflects in the best manner the development of energy infrastructure and that the number of candidate projects in each group remains appropriate and reasonable as to allow a comprehensive thorough assessment, and to ensure that the Union list of projects of common interest is limited to projects which contribute the most to the implementation of the strategic energy infrastructure priority corridors and thematic areas, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission: |
(50) In order to ensure that the composition of the priority corridors and thematic areas reflects in the best manner the development of energy infrastructure and that the number of candidate projects in each group remains appropriate and reasonable as to allow a comprehensive thorough assessment, and to ensure that the Union list of projects of common interest is limited to projects which contribute the most to the implementation of the strategic energy infrastructure priority corridors and thematic areas, this Regulation should be reviewed by 30 June 2027, especially with a view to: |
Amendment 9
Proposal for a regulation
Recital 50 – subparagraph 2
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Text proposed by the Commission |
Amendment |
Taking into account the need to ensure the achievement of the objectives of this Regulation, in view of the number of project on Union lists so far, the total number of projects of common interest should remain manageable, and therefore should not significantly exceed 220. The Commission, when preparing and drawing up delegated acts, should ensure the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. Where they consider this necessary, the European Parliament and the Council may each send experts to meetings of the Commission expert groups dealing with the preparation of delegated acts to which Member States' experts are invited. The discussions in the regional groups are instrumental for the Commission to adopt the delegated acts establishing the lists of projects of common interest. Therefore, it is appropriate, to the extent possible and compatible with the framework of this Regulation, that the European Parliament and Council are informed about and may send experts to the meetings of regional groups in line with the 2016 Interinstitutional Agreement on Better Law Making44 . |
Taking into account the need to ensure the achievement of the objectives of this Regulation, in view of the number of project on Union lists so far, the total number of projects of common interest should remain manageable, be presented per category and should not exceed 220. The Commission, when preparing and drawing up delegated acts, should ensure the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. Where they consider this necessary, the European Parliament and the Council may each send experts to meetings of the Commission expert groups dealing with the preparation of delegated acts to which Member States' experts are invited. The discussions in the regional groups are instrumental for the Commission to adopt the delegated acts establishing the lists of projects of common interest. Therefore, it is appropriate, to the extent possible and compatible with the framework of this Regulation, that the European Parliament and Council are informed about and may send experts to the meetings of regional groups in line with the 2016 Interinstitutional Agreement on Better Law Making44. |
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44 OJ L 123, 12.5.2016, p. 1. Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making. |
44 OJ L 123, 12.5.2016, p. 1. Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making. |
Amendment 10
Proposal for a regulation
Article 1 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. This Regulation lays down guidelines for the timely development and interoperability of the priority corridors and areas of trans-European energy infrastructure set out in Annex I (‘energy infrastructure priority corridors and areas’) that contribute to the Union’s 2030 climate and energy targets and the climate neutrality objective by 2050. |
1. This Regulation lays down guidelines for the timely development and interoperability of the priority corridors and areas of trans-European energy infrastructure set out in Annex I (‘energy infrastructure priority corridors and areas’) that contribute to: |
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(i) the achievement of the long-term global temperature goal set out in Article 2 of the Paris Agreement, while taking into account up-to-date science, in particular the IPCC special report on global warming of 1,5°C, and the achievement of the Union’s 2030 climate and energy targets and climate neutrality objective by 2050 at the latest, with due respect of the precautionary principle and of the principle that preventive action shall be taken, that environmental damage shall as a priority be rectified at source and that the polluter shall pay; |
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(ii) the Union’s energy market integration, security of supply, sustainability and competitiveness. |
Amendment 11
Proposal for a regulation
Article 1 – paragraph 2 – point a
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Text proposed by the Commission |
Amendment |
(a) addresses the identification of projects of common interest necessary to implement priority corridors and areas falling under the energy infrastructure categories in electricity, smart gas grids, hydrogen, electrolysers, and carbon dioxide set out in Annex II (‘energy infrastructure categories’); |
(a) addresses the identification of projects of common interest necessary to implement priority corridors and areas falling under the energy infrastructure categories in electricity, smart gas grids, hydrogen, electrolysers, carbon dioxide and heating and cooling set out in Annex II (‘energy infrastructure categories’); |
Amendment 12
Proposal for a regulation
Article 2 – paragraph 1 – point 8
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Text proposed by the Commission |
Amendment |
(8) ‘smart electricity grid’ means an electricity network where the grid operator can digitally monitor the actions of the users connected to it, and information and communication technologies (ICT) for communicating with related grid operators, generators, consumers and/or prosumers, with a view to transmitting electricity in a sustainable, cost-efficient and secure way; |
(8) ‘smart electricity grid’ means an electricity network with its necessary components that integrates the behaviour and actions of all users connected to it and allows the digital monitoring of and communication with all the users connected to it, including generators, consumers and/or prosumers, electric vehicles and storage, with a view to improving sustainability, electric power quality, and security of the electricity system, and enabling energy system integration and the integration of electricity produced from variable renewable energy; |
Amendment 13
Proposal for a regulation
Article 2 – paragraph 1 – point 9
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Text proposed by the Commission |
Amendment |
(9) ‘smart gas grid’ means a gas network that makes use of innovative digital solutions to integrate in a cost efficient manner a plurality of low-carbon and renewable gas sources in accordance with consumers’ needs and gas quality requirements in order to reduce the carbon footprint of the related gas consumption, enable an increased share of renewable and low-carbon gases, and create links with other energy carriers and sectors; |
(9) ‘smart gas grid’ means a distribution gas network that makes use of innovative digital solutions to integrate in a cost efficient manner renewable gas sources and hydrogen, in order to achieve complete decarbonisation, and create links with other energy carriers and sectors; |
Amendment 14
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
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Text proposed by the Commission |
Amendment |
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(9a) 'heating and cooling network’ means a highly energy efficient, 4th or 5th generation, low-temperature heating network and a highly energy efficient cooling network, using renewable energy based heat and cold or unavoidable excess heat and cold, as well as related conversion or storage equipment; |
Amendment 15
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
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Text proposed by the Commission |
Amendment |
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(16a) ‘energy efficiency first’ means ‘energy efficiency first’ as defined in Article 2(18) of Regulation (EU) 2018/1999 of the European Parliament and of the Council1a; |
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1a Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1). |
Amendment 16
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2 – point a
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Text proposed by the Commission |
Amendment |
(a) each individual proposal for a project of common interest shall require the approval of the states, to whose territory the project relates; where a state does not to give its approval, it shall present its substantiated reasons for doing so to the Group concerned; |
(a) each individual proposal for a project of common interest shall demonstrate: |
Amendment 17
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2 – point a – point i (new)
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Text proposed by the Commission |
Amendment |
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(i) how environmental considerations were integrated in the project design;
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Amendment 18
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2 – point a – point ii (new)
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Text proposed by the Commission |
Amendment |
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(ii) compliance by the project with the sustainability criteria set out in Article 4 and Annex IV; |
Amendment 19
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2 – point a – point iii (new)
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Text proposed by the Commission |
Amendment |
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(iii) application of the principle of ‘energy efficiency first’; |
Amendment 20
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2 – point a a (new)
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Text proposed by the Commission |
Amendment |
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(aa) it shall require the approval of the states, to whose territory the project relates; where a state decides not to give its approval, it shall present its substantiated reasons for doing so to the Group concerned; |
Amendment 21
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2 – point b a (new)
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Text proposed by the Commission |
Amendment |
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(ba) it shall ensure consistency with the opinion of the Agency; |
Amendment 22
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2 – point b b (new)
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Text proposed by the Commission |
Amendment |
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(bb) it shall make a report available to the public, containing at least descriptions of each project, minutes of regional meetings with lists of participants, the regional methodology adopted by the Group and the regional ranking; the report shall contain a detailed justification showing how the selected projects in the regional list would contribute to the Union’s 2030 climate and energy targets and the climate neutrality objective. |
Amendment 23
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1
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Text proposed by the Commission |
Amendment |
The Commission shall be empowered to adopt delegated acts in accordance with Article 20 of this Regulation amending annexes to this Regulation in order to establish the Union list of projects of common interest (‘Union list’), subject to the second paragraph of Article 172 of the Treaty on the Functioning of the European Union. |
The Commission is empowered to adopt delegated acts in accordance with Article 20 of this Regulation, in close dialogue with the European Parliament, in order to establish the Union list of projects of common interest (‘Union list’) per category as set out in Annex II to this Regulation, subject to the second paragraph of Article 172 of the Treaty on the Functioning of the European Union. |
Amendment 24
Proposal for a regulation
Article 3 – paragraph 5 – point b
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Text proposed by the Commission |
Amendment |
(b) ensure cross-regional consistency, taking into account the opinion of the Agency for the Cooperation of Energy Regulator (‘the Agency’) as referred to in point (12) of Section 2 of Annex III; |
(b) ensure consistency with the opinion of the Agency for the Cooperation of Energy Regulator (‘the Agency’) as referred to in point (12) of Section 2 of Annex III, aimed at ensuring cross-regional consistency; |
Amendment 25
Proposal for a regulation
Article 3 – paragraph 5 – point d a (new)
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Text proposed by the Commission |
Amendment |
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(da) take due account of the opinion of the ESABCC on the alignment of the Union list of projects of common interest with Union climate objectives, and ensure the highest possible contribution of the projects of common interest to such objectives. |
Amendment 26
Proposal for a regulation
Article 3 – paragraph 6
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Text proposed by the Commission |
Amendment |
6. Projects of common interest included on the Union list pursuant to paragraph 4 of this Article under the energy infrastructure categories set out in points (1)(a), (b), (c) and (e) of Annex II, shall become an integral part of the relevant regional investment plans under Article 34 of Regulation (EU) 2019/943 and Article 12 of Regulation (EC) No 715/2009 and of the relevant national 10-year network development plans under Article 51 of Directive (EU) 2019/944 and Article 22 of Directive 2009/73/EC and other national infrastructure plans concerned, as appropriate. Those projects shall be conferred the highest possible priority within each of those plans. This paragraph shall not apply to projects of mutual interest. |
6. Projects of common and mutual interest included on the Union list pursuant to paragraph 4 of this Article shall become an integral part of the relevant regional investment plans under Article 34 of Regulation (EU) 2019/943 and of the relevant national 10-year network development plans under Article 51 of Directive (EU) 2019/944 and other national infrastructure plans concerned, as appropriate. Those projects shall be conferred the highest possible priority within each of those plans. |
Amendment 27
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
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Text proposed by the Commission |
Amendment |
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(ba) the project design integrates environmental considerations; the project contributes significantly to sustainability and to the decarbonisation objectives of the Union; the project is in line with the principle of ‘energy efficiency first’; |
Amendment 28
Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii
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Text proposed by the Commission |
Amendment |
(ii) is located on the territory of one Member State and has a significant cross-border impact as set out in point (1) of Annex IV. |
(ii) is located on the territory of one Member State and has a significant cross-border impact or replicability, as set out in point (1) of Annex IV; ‘replicability’ shall require both knowledge sharing and knowledge transfer of at least two Member States or regions; the replicability of a project shall contribute to, amongst others, decarbonisation, the principle of ‘energy efficiency first’, increase in the share of renewable energies, or improvement of sector integration. |
Amendment 29
Proposal for a regulation
Article 4 – paragraph 3 – point a – introductory part
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Text proposed by the Commission |
Amendment |
(a) for electricity transmission and storage projects falling under the energy infrastructure categories set out in points (1)(a), (b), (c) and (e) of Annex II, the project is to contribute significantly to sustainability through the integration of renewable energy into the grid and the transmission of renewable generation to major consumption centres and storage sites, and at least one of the following specific criteria: |
(a) for electricity transmission, distribution and storage projects falling under the energy infrastructure categories set out in points (1)(a), (b), (c) and (e) of Annex II, the project is to contribute significantly to sustainability through the integration of renewable energy into the grid and the transmission of renewable generation to major consumption centres and storage sites, and at least one of the following specific criteria: |
Amendment 30
Proposal for a regulation
Article 4 – paragraph 3 – point b – point iii a (new)
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Text proposed by the Commission |
Amendment |
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(iiia) sector integration, through the improvement of the interaction among different energy vectors or energy sectors, for instance through the increase of synergies with adjacent sectors, such as transport; |
Amendment 31
Proposal for a regulation
Article 4 – paragraph 3 – point c – introductory part
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Text proposed by the Commission |
Amendment |
(c) for carbon dioxide transport projects falling under the energy infrastructure categories set out in point (5) of Annex II, the project is to contribute significantly to all of the following specific criteria: |
(c) for carbon dioxide transport projects falling under the infrastructure categories set out in point (5) of Annex II, the project is to contribute significantly to all of the following specific criteria: |
Amendment 32
Proposal for a regulation
Article 4 – paragraph 3 – point c – point i
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Text proposed by the Commission |
Amendment |
(i) avoid carbon dioxide emissions while maintaining security of energy supply; |
(i) permanent removal of carbon dioxide emissions; |
Amendment 33
Proposal for a regulation
Article 4 – paragraph 3 – point c – point ii
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Text proposed by the Commission |
Amendment |
(ii) increase the resilience and security of carbon dioxide transport; |
(ii) increase the resilience, efficiency and security of carbon dioxide transport; |
Amendment 34
Proposal for a regulation
Article 4 – paragraph 3 – point c – point iii
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Text proposed by the Commission |
Amendment |
(iii) efficient use of resources, by enabling the connection of multiple carbon dioxide sources and storage sites via common infrastructure and minimising environmental burden and risks. |
(iii) efficient use of resources, by enabling the connection of multiple industrial carbon dioxide sources and storage sites via common infrastructure and minimising environmental burden and risks. |
Amendment 35
Proposal for a regulation
Article 4 – paragraph 3 – point f – introductory part
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Text proposed by the Commission |
Amendment |
(f) for smart gas grid projects falling under the energy infrastructure category set out in point (2) of Annex II, the project is to contribute significantly to sustainability by enabling and facilitating the integration of renewable and low-carbon gases, such as biomethane, or renewable hydrogen, into the gas distribution and transmission networks in order to reduce greenhouse gas emissions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria: |
(f) for smart gas grid projects falling under the energy infrastructure category set out in point (2) of Annex II, the project is to contribute significantly to sustainability by enabling and facilitating the integration of renewable gases, in accordance with the definitions and the sustainability and greenhouse emissions saving criteria set out in Directive (EU) 2018/2001, or hydrogen produced from electrolyser facilities complying with the life cycle greenhouse gas emissions savings requirements set out in point (4) of Annex II, into the distribution networks in order to achieve their complete decarbonisation. Furthermore, the project is to contribute significantly to at least one of the following specific criteria: |
Amendment 36
Proposal for a regulation
Article 4 – paragraph 3 – point f – point i
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Text proposed by the Commission |
Amendment |
(i) network security and quality of supply by improving the efficiency and interoperability of gas transmission and distribution in day-to-day network operation by, among others, addressing challenges resulting from the injection of gases of different qualities through the deployment of innovative technologies and cybersecurity; |
(i) network security and quality of supply by improving the efficiency and interoperability of gas distribution in day-to-day network operation by addressing challenges resulting from the injection of renewable gases of different qualities through the deployment of innovative technologies and cybersecurity; |
Amendment 37
Proposal for a regulation
Article 4 – paragraph 3 – point f – point i a (new)
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Text proposed by the Commission |
Amendment |
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(ia) network security and quality of supply by improving the efficiency and interoperability of distribution in day-to-day network operation by, among others, addressing challenges resulting from the injection of heat and cold of different temperatures through the deployment of innovative technologies; |
Amendment 38
Proposal for a regulation
Article 4 – paragraph 3 – point f – point i b (new)
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Text proposed by the Commission |
Amendment |
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(ib) market functioning and customer services; |
Amendment 39
Proposal for a regulation
Article 4 – paragraph 3 – point f – point iii a (new)
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Text proposed by the Commission |
Amendment |
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(iiia) facilitating smart energy sector integration through the creation of links to other energy carriers and sectors and enabling demand response; |
Amendment 40
Proposal for a regulation
Article 4 – paragraph 3 – point f a (new)
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Text proposed by the Commission |
Amendment |
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(fa) for heating and cooling projects falling under the energy infrastructure category set out in point (5a) of Annex II, the project is to contribute significantly to sustainability by enabling and facilitating the integration of renewable and unavoidable excess heat/cold resources into the distribution networks in order to reduce greenhouse gas emissions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria: |
Amendment 41
Proposal for a regulation
Article 4 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. For projects falling under the energy infrastructure categories set out in points (1) to (4) of Annex II, the contribution to the criteria listed in paragraph 3 of this Article shall be assessed in accordance with the indicators set out in points (3) to (7) of Annex IV. |
4. For projects falling under the energy infrastructure categories set out in points (1) to (5a) of Annex II, the contribution to the criteria listed in paragraph 3 of this Article shall be assessed in accordance with the indicators set out in points (3) to (7a) of Annex IV. |
Amendment 42
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1
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Text proposed by the Commission |
Amendment |
In order to facilitate the assessment of all projects that could be eligible as projects of common interest and that could be included in a regional list, each Group shall assess each project’s contribution to the implementation of the same priority corridor or area in a transparent and objective manner. Each Group shall determine its assessment method on the basis of the aggregated contribution to the criteria referred to in paragraph 3. That assessment shall lead to a ranking of projects for internal use of the Group. Neither the regional list nor the Union list shall contain any ranking, nor shall the ranking be used for any subsequent purpose except as described in point (14) of Section 2 of Annex III. |
In order to facilitate the assessment of all projects that could be eligible as projects of common interest and that could be included in a regional list, each Group shall assess each project’s contribution to the implementation of the same priority corridor or area in a transparent and objective manner. Each Group shall determine its assessment method on the basis of the aggregated contribution to the criteria referred to in paragraph 3. That assessment shall lead to a ranking of projects that shall be published. |
Amendment 43
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2 – point a a (new)
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Text proposed by the Commission |
Amendment |
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(aa) the application of the principle of ‘energy efficiency first’; |
Amendment 44
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2 – point a b (new)
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Text proposed by the Commission |
Amendment |
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(ab) common guidelines on how to include Union climate targets, elaborated by the ESABCC; |
Amendment 45
Proposal for a regulation
Article 5 – paragraph 1 – point a
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Text proposed by the Commission |
Amendment |
(a) feasibility and design studies including, as regards, climate adaptation and compliance with environmental legislation and with the principle of “do no significant harm”; |
(a) feasibility and design studies, including as regards: climate change mitigation and adaptation, integration of environmental considerations, and compliance with environmental legislation, and with the principles of “do no significant harm”and ‘energy efficiency first’; |
Amendment 46
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
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Text proposed by the Commission |
Amendment |
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(aa) a climate adaptation stress test using the guidelines provided for in Article 5(4) of Regulation (EU) 2021/.... [European Climate Law]; |
Amendment 47
Proposal for a regulation
Article 5 – paragraph 1 a (new)
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Text proposed by the Commission |
Amendment |
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1a. The implementation plan referred to in paragraph 1 shall be publicly available and fully transparent regarding the expected commissioning date, the status of the project and the progress of the project compared to the previous Union-wide ten-Year Network Development Plan and, where applicable, the previous Union list of projects of common interest, including, where applicable, the reasons for delay or for rescheduling. |
Amendment 48
Proposal for a regulation
Article 5 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. TSOs, distribution system operators and other operators shall co-operate with each other in order to facilitate the development of projects of common interest in their area. |
2. Transmission and distribution system operators, and key stakeholders, local authorities, and civil society organisations shall co-operate with each other in order to facilitate the development of projects of common interest in their area. |
Amendment 49
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1
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Text proposed by the Commission |
Amendment |
By 31 December of each year following the year of inclusion of a project of common interest on the Union list pursuant to Article 3, project promoters shall submit an annual report, for each project falling under the categories set out in points (1) to (4) of Annex II, to the competent authority referred to in Article 8. |
By 31 December of each year following the year of inclusion of a project of common interest on the Union list pursuant to Article 3, project promoters shall submit an annual report, for each project falling under the categories set out in points (1) to (5a) of Annex II, to the competent authority referred to in Article 8. |
Amendment 50
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 2 – point a
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Text proposed by the Commission |
Amendment |
(a) the progress achieved in the development, construction and commissioning of the project, in particular with regard to permit granting and consultation procedures as well as compliance with environmental legislation, with the principle that the project “does not do significant harm” to the environment, and climate adaptation measures taken; |
(a) the progress achieved in the development, creation or construction and commissioning of the project, in particular compliance with environmental legislation, including with regard to permit granting and consultation procedures, as well as integration of environmental considerations in the project design, compliance with the principle that the project “does not do significant harm” to the environment, and climate change mitigation and adaptation measures taken; |
Amendment 51
Proposal for a regulation
Article 6 – paragraph 2 – point b
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Text proposed by the Commission |
Amendment |
(b) assist all parties as necessary in consulting concerned stakeholders and obtaining necessary permits for the projects; |
(b) assist all parties as necessary in consulting concerned stakeholders, proposing and discussing alternative routing or projects and, where appropriate, obtaining necessary permits for the most appropriate location and routing of the projects from the environmental, in particular biodiversity, perspective; |
Amendment 52
Proposal for a regulation
Article 6 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. The European coordinator shall be chosen on the basis of his or her experience with regard to the specific tasks assigned to him or her for the projects concerned. |
3. The European coordinator shall be chosen following an open and transparent process on the basis of the experience with regard to the specific tasks assigned to the European coordinator for the projects concerned. |
Amendment 53
Proposal for a regulation
Article 7 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. The adoption of the Union list shall establish, for the purposes of any decisions issued in the permit granting process, the necessity of those projects from an energy policy perspective, without prejudice to the exact location, routing or technology of the project. |
1. The adoption of the Union list shall establish, for the purposes of any decisions issued in the permit granting process, the necessity of those projects from an energy and climate policy perspective, without prejudice to the exact location, routing or technology of the project. |
Amendment 54
Proposal for a regulation
Article 11 – title
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Text proposed by the Commission |
Amendment |
Energy system wide cost-benefit analysis |
Energy system wide cost-benefit and climate compatibility analysis |
Amendment 55
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
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Text proposed by the Commission |
Amendment |
By [16 November 2022], the European Network of Transmission System Operators (ENTSO) for Electricity and the ENTSO for Gas shall publish and submit to Member States, the Commission and the Agency their respective methodologies, including the network and market modelling, for a harmonised energy system-wide cost-benefit analysis at Union level for projects of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) and point (3) of Annex II. |
By [16 November 2022], the Agency, based inter alia on data from the European Network of Transmission System Operators for Electricity and for Gas (ENTSOs) , shall publish all assumptions on costs, benefits, climate and economic impacts and import dependency; it shall submit to Member States, the Commission and the European Parliament an integrated and consistent methodology, including the network and market modelling, for a harmonised, energy system-wide and life-cycle cost-benefit and climate compatibility analysis, that ensures the consistency with the long-term global temperature goal set out in Article 2 of the Paris Agreement, while taking into account up-to-date science, in particular the IPCC special report on global warming of 1,5 °C, at Union level for projects of common and mutual interest falling under the categories set out in Annex II. |
Amendment 56
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
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Text proposed by the Commission |
Amendment |
Those methodologies shall be applied for the preparation of each subsequent Union–wide ten-year network development plans developed by the ENTSO for Electricity or the ENTSO for Gas pursuant to Article 8 of Regulation (EC) No 715/2009 and Article 30 of Regulation (EU) 2019/943. Those methodologies shall be drawn up in line with the principles laid down in Annex V and be consistent with the rules and indicators set out in Annex IV. |
The methodology shall be applied for the preparation of each subsequent Union–wide ten-year network development plan developed by the Agency. The methodology shall be drawn up in line with the principles laid down in Annex V and be consistent with the rules and indicators set out in Annex IV. The cost-benefit analysis shall be made public and performed by the Agency in accordance with Annex V. |
Amendment 57
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 3
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Text proposed by the Commission |
Amendment |
Prior to submitting their respective methodologies, the ENTSO for Electricity and the ENTSO for Gas shall conduct an extensive consultation process involving at least the organisations representing all relevant stakeholders, including the entity of distribution system operators in the Union (‘EU DSO entity’), all relevant hydrogen stakeholders and, where it is deemed appropriate the national regulatory authorities and other national authorities. |
Prior to submitting the methodology, the Agency shall conduct an extensive consultation process involving at least the ESABCC, the organisations representing all relevant stakeholders, including the ENTSOs, the entity of distribution system operators in the Union (‘EU DSO entity’), all relevant electricity and gas supply, energy efficiency, energy storage, energy flexibility, hydrogen, heating and cooling stakeholders, civil society, and the national regulatory authorities and other national authorities. |
Amendment 58
Proposal for a regulation
Article 11 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. Within three months of the receipt of the methodologies together with the input received in the consultation process and a report on how it was taken into account, the Agency shall provide an opinion to the ENTSO for Electricity, the ENTSO for Gas, the Member States, and the Commission and publish it on the Agency’s website. |
2. Within three months of the receipt of the methodology together with the input received in the consultation process and a report on how it was taken into account, the Commission shall provide an opinion to the Agency; the ESABCC may also provide an opinion; both opinions shall be published on the Commission website. |
Amendment 59
Proposal for a regulation
Article 11 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. The ENTSO for Electricity and the ENTSO for Gas, shall update the methodologies taking due account of the Agency’s opinion, as referred to in paragraph 2, and submit them to the Commission for its opinion. |
3. If the Commission’s and, where relevant, the ESABCC’s opinions, as referred to in paragraph 2, require an update to the methodology, the Agency shall carry out such update and submit the updated methodology to the Commission for its second opinion. |
Amendment 60
Proposal for a regulation
Article 11 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. Within three months of the day of receipt of the updated methodologies, the Commission shall submit its opinion to the ENTSO for Electricity and the ENTSO for Gas. |
4. Within three months of the day of receipt of the updated methodology, the Commission shall submit its opinion to the Agency. |
Amendment 61
Proposal for a regulation
Article 11 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. No later than three months of the day of receipt of the Commission’s opinion, as referred to in paragraph 4, the ENTSO for Electricity and the ENTSO for Gas shall adapt their respective methodologies taking due account of the Commission’s opinion, and submit them to the Commission for approval. |
5. No later than three months of the day of receipt of the Commission’s opinion, as referred to in paragraph 4, the Agency shall adapt the methodology in consistency with the Commission’s opinion, and submit it to the Commission for approval and to the European Parliament for information. |
Amendment 62
Proposal for a regulation
Article 11 – paragraph 6
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Text proposed by the Commission |
Amendment |
6. Where the changes to the methodologies are considered to be of incremental nature, not affecting the definition of benefits, costs and other relevant cost-benefit parameters, as defined in the latest Energy system wide cost-benefit analysis methodology approved by the Commission, the ENTSO for Electricity and the ENTSO for Gas shall adapt their respective methodologies taking due account of the Agency’s opinion, as set out in paragraph 2, and submit them for the Agency’s approval. |
6. Where the changes to the methodology are considered to be of incremental nature, not affecting the definition of benefits, costs and other relevant cost-benefit parameters, as defined in the latest Energy system wide cost-benefit and climate compatibility analysis methodology approved by the Commission, the Agency shall adapt its methodology taking due account of the Commission’s and, where relevant, the ESABCC’s opinions, as set out in paragraph 2, and submit it for the Commission’s approval. |
Amendment 63
Proposal for a regulation
Article 11 – paragraph 7
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Text proposed by the Commission |
Amendment |
7. In parallel, the ENTSO for Electricity and the ENTSO for Gas shall submit to the Commission a document justifying the reasons behind the proposed updates and why those updates are considered of incremental nature. Where the Commission deems that those updates are not of incremental nature, it shall, by written request, ask the ENTSO for Electricity and the ENTSO for Gas to submit to it the methodologies. In such case the process described in paragraphs 2 to 5 applies. |
deleted |
Amendment 64
Proposal for a regulation
Article 11 – paragraph 8
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Text proposed by the Commission |
Amendment |
8. Within two weeks of the approval by the Agency or the Commission in accordance with paragraphs 5 and 6, the ENTSO for Electricity and the ENTSO for Gas shall publish their respective methodologies on their websites. They shall publish the corresponding input data and other relevant network, load flow and market data in a sufficiently accurate form in accordance with national law and relevant confidentiality agreements. |
8. Within two weeks of the approval by the Commission in accordance with paragraph 5, the Agency shall publish its methodology on its website. It shall publish the corresponding input data and other relevant network, load flow and market data in a sufficiently accurate form for a third party to be able to reproduce the results in accordance with national law and relevant confidentiality agreements. |
Amendment 65
Proposal for a regulation
Article 11 – paragraph 9
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Text proposed by the Commission |
Amendment |
9. The methodologies shall be updated and improved regularly following the procedure described in paragraphs 1 to 6. The Agency, on its own initiative or upon a duly reasoned request by national regulatory authorities or stakeholders, and after formally consulting the organisations representing all relevant stakeholders and the Commission, may request such updates and improvements with due justification and timescales. The Agency shall publish the requests by national regulatory authorities or stakeholders and all relevant non-commercially sensitive documents leading to a request from the Agency for an update or improvement. |
9. The methodology shall be updated and improved regularly following the procedure described in paragraphs 1 to 6. The Agency, on its own initiative or upon a duly reasoned request by national regulatory authorities or stakeholders, and after formally consulting the organisations representing all relevant stakeholders and the Commission, may perform such updates and improvements with due justification and timescales. The Agency shall publish the requests by national regulatory authorities or stakeholders and all relevant non-commercially sensitive documents leading to a decision to perform an update or improvement. |
Amendment 66
Proposal for a regulation
Article 11 – paragraph 10
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Text proposed by the Commission |
Amendment |
10. Every three years, the Agency shall establish and make publicly available a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the infrastructure categories included in points (1) and (3) of Annex II. Those reference values may be used by the ENTSO for Electricity and the ENTSO for Gas for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. The first of such indicators shall be published by [1 November 2022]. |
10. Every two years, the Agency shall establish and make publicly available a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the infrastructure categories included in Annex II and for voluntary market-based demand-side management and flexibility measures. Those reference values may be used by the Agency for the life-cycle cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. The first of such indicators shall be published by [1 November 2022]. Infrastructure owners, system operators and third-party promoters shall provide the relevant data to the national regulatory authorities and to the Agency. |
Amendment 67
Proposal for a regulation
Article 11 – paragraph 11
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Text proposed by the Commission |
Amendment |
11. By [31 December 2023], the ENTSO for Electricity and the ENTSO for Gas shall jointly submit to the Commission and the Agency a consistent and interlinked energy market and network model including electricity, gas and hydrogen transmission infrastructure as well as storage, LNG and electrolysers, covering the energy infrastructure priority corridors and the areas drawn up in line with the principles laid down in Annex V. |
deleted |
Amendment 68
Proposal for a regulation
Article 11 – paragraph 12
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Text proposed by the Commission |
Amendment |
12. The consistent and interlinked model referred to in paragraph 11 shall cover at least the respective sectors’ interlinkages at all stages of infrastructure planning, specifically scenarios, infrastructure gaps identification in particular with respect to cross-border capacities, and projects assessment. |
12. The integrated and consistent modelling referred to in paragraph 1 shall consist in: |
Amendment 69
Proposal for a regulation
Article 11 – paragraph 12 – point i (new)
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Text proposed by the Commission |
Amendment |
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(i) an open-source IT simulation tool covering the interlinkages among electricity, hydrogen, heating and cooling and gas networks and markets to be used for the assessment of each submitted project of common and mutual interest and for the infrastructure gaps identification; |
Amendment 70
Proposal for a regulation
Article 11 – paragraph 12 – point ii (new)
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Text proposed by the Commission |
Amendment |
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(ii) a document providing a complete and transparent description of the modelling, including all equations, a description of the input data and the performed calculations. |
Amendment 71
Proposal for a regulation
Article 11 – paragraph 13
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Text proposed by the Commission |
Amendment |
13. After approval of the consistent and interlinked model referred to in paragraph 11 by the Commission in accordance with the procedure set out in paragraphs 1 to 6, it shall be included in the methodologies referred to in paragraph 1. |
13. After approval of the integrated and consistent modelling referred to in paragraph 1 by the Commission, in accordance with the procedure set out in paragraphs 1 to 6, it shall be included in the methodology referred to in paragraph 1. |
Amendment 72
Proposal for a regulation
Article 11 a (new)
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Text proposed by the Commission |
Amendment |
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Article 11a |
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Long-term scenarios |
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1. After having conducted an extensive consultation process involving the Commission and at least the organisations representing all relevant stakeholders, the Agency shall develop long-term scenarios in line with the Union climate-neutrality target for the planning horizon up until 2050. |
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2. The long-term scenarios shall take as a starting point the revised Union 2030 climate and energy targets and set out the path for infrastructure scenarios necessary to achieve the climate-neutrality objective by 2050 at the latest in line with the long-term global temperature goal set out in Article 2 of the Paris Agreement, while taking into account up-to-date science, in particular the IPCC special report on global warming of 1,5 °C, and the latest available Commission scenarios. They shall be based on the Member States’ energy efficiency and renewable energy potential, and interlink with their national energy and climate plans, as well as the offshore grid planning in accordance with Article 14 of this Regulation. |
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3. The scenarios shall set binding network development milestones and intermediate steps to be achieved every five years in a cycle aligned to the United Nations Framework Convention on Climate Change (UNFCCC) ratchet-up mechanism. |
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4. The long-term scenarios shall be drafted and updated in coherence with the Union-wide ten-Year Network-Development Plans referred to in Article 12. They shall be published with the corresponding input and output data in a sufficiently accurate form, allowing for transparency while taking due account of applicable legal requirements, including on confidentiality. |
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5. The draft scenarios shall be sent to the ESABCC, which may provide an opinion on their consistency with the Union climate objectives. |
Amendment 73
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
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Text proposed by the Commission |
Amendment |
By [31 July 2022], the Agency, after having conducted an extensive consultation process involving the Commission and at least the organisations representing all relevant stakeholders, including the ENTSO for Electricity, the ENTSO for Gas, Union DSO entity, and relevant hydrogen sector stakeholders, shall publish the framework guidelines for the joint scenarios to be developed by ENTSO for Electricity and ENTSO for Gas. Those guidelines shall be regularly updated as found necessary. |
By [31 July 2022], the Agency, after having conducted an extensive consultation process involving the Commission and at least the organisations representing all relevant stakeholders, including the ENTSO for Electricity, the ENTSO for Gas, Union DSO entity, electricity and gas supply, energy efficiency, energy storage, energy flexibility, hydrogen, heating and cooling stakeholders and civil society, shall publish the framework guidelines for its integrated scenarios. Those guidelines shall be regularly updated as found necessary. |
Amendment 74
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
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Text proposed by the Commission |
Amendment |
The guidelines shall include the energy efficiency first principle and ensure that the underlying ENTSO for Electricity and ENTSO for Gas scenarios are fully in line with the latest medium and long-term European Union decarbonisation targets and the latest available Commission scenarios. |
The guidelines shall operationalise the principle of ‘energy efficiency first’ and ensure that the scenarios are fully in line with the latest medium and long-term Union climate and energy targets, the latest available Commission scenarios in line with the Union objective of achieving climate neutrality by2050 at the latest, as well as a scenario leading to a 100 % renewable energy system and in line with the Paris Agreement. The ENTSO for Electricity, the ENTSO for Gas and other stakeholders shall make all necessary data available to the Agency to produce integrated scenarios. |
Amendment 75
Proposal for a regulation
Article 12 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. The ENTSO for Electricity and ENTSO for Gas shall follow the Agency’s framework guidelines when developing the joint scenarios to be used for the Union-wide ten-year network development plans. |
deleted |
Amendment 76
Proposal for a regulation
Article 12 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. The ENTSO for Electricity and ENTSO for Gas shall invite the organisations representing all relevant stakeholders, including the Union DSO entity and all relevant hydrogen stakeholders, to participate in the scenarios development process. |
3. The Agency shall establish a Stakeholders Group for its consultation as part of the scenarios development process, including the ENTSO for Electricity and ENTSO for Gas, the Union DSO entity, organisations representing the relevant stakeholders including electricity and gas supply, energy efficiency, energy storage, energy flexibility, hydrogen, heating and cooling stakeholders, and civil society. |
Amendment 77
Proposal for a regulation
Article 12 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. The ENTSO for Electricity and the ENTSO for Gas shall publish and submit the draft joint scenarios report to the Agency and the Commission for their opinion. |
4. The Agency shall publish and submit the draft integrated scenario report to the Commission and the ESABCC for their opinion. |
Amendment 78
Proposal for a regulation
Article 12 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. Within three months from the receipt of the draft joint scenarios report together with the input received in the consultation process and a report on how it was taken into account, the Agency shall submit its opinion to the ENTSO for Electricity, ENTSO for gas and the Commission. |
5. Within three months from the receipt of the draft integrated scenario report together with the input received in the consultation process and a report on how it was taken into account, the Commission shall submit its opinion to the Agency; the ESABCC may also submit its opinion. |
Amendment 79
Proposal for a regulation
Article 12 – paragraph 6
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Text proposed by the Commission |
Amendment |
6. The Commission, giving due consideration to the Agency opinion defined under paragraph 5, shall submit its opinion to the ENTSO for Electricity and the ENTSO for Gas. |
deleted |
Amendment 80
Proposal for a regulation
Article 12 – paragraph 7
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Text proposed by the Commission |
Amendment |
7. The ENTSO for Electricity and the ENTSO for Gas shall adapt their joint scenarios report, taking due account of the Agency’s opinion, in line with the Commission’s opinion and submit the updated report to the Commission for its approval. |
7. The Agency shall adapt its integrated scenario report, taking due account of the Commission’s, and where relevant, the ESABCC’s opinions and submit the updated report to the Commission for its approval. |
Amendment 81
Proposal for a regulation
Article 12 – paragraph 8
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Text proposed by the Commission |
Amendment |
8. Within two weeks of the approval of the joint scenarios report by the Commission in accordance with paragraph 7, the ENTSO for Electricity and the ENTSO for Gas shall publish their joint scenarios report on their websites. They shall publish the corresponding input and output data in a sufficiently accurate form, taking due account of the national law and relevant confidentiality agreements. |
8. Within two weeks of the approval of the integrated scenario report by the Commission in accordance with paragraph 7, the Agency shall publish its integrated scenario report on its website. It shall publish the corresponding input and output data in a sufficiently accurate form for a third party to be able to reproduce the results, taking due account of the national law and relevant confidentiality agreements. |
Amendment 82
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
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Text proposed by the Commission |
Amendment |
Every two years the ENTSO for Electricity and the ENTSO for Gas shall publish and submit to the Commission and the Agency the infrastructure gaps reports developed within the framework of the Union-wide ten-year network development plans. |
Every two years the Agency shall publish and submit to the Commission and the ESABCC the infrastructure gaps report developed within the framework of the Union-wide ten-year network development plan. |
Amendment 83
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2
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Text proposed by the Commission |
Amendment |
When assessing the infrastructure gaps the ENTSO for Electricity and the ENTSO for Gas shall implement the energy efficiency first principle and consider with priority all relevant non-infrastructure related solutions to address the identified gaps. |
When assessing the infrastructure gaps the Agency shall base its analysis on the scenarios established under Articles 11a and 12, implement the principle of ‘energy efficiency first’, assess all relevant non-infrastructure related solutions, such as voluntary market-based demand-side management schemes and building renovations, to address the identified gaps and recommend their implementation as a priority when they are deemed more effective and cost-efficient on a system-wide level than the construction of new supply-side infrastructure. In the report, special attention shall be given to those infrastructure gaps potentially affecting the fulfilment of the Union’s medium and long-term climate targets. The Agency shall ensure transparency on the energy demand assumptions used for all fuels available, which underpin the project and on all non-infrastructure related solutions considered to address the identified gaps and why they were not implemented. |
Amendment 84
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 3
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Text proposed by the Commission |
Amendment |
Prior to submitting their respective reports, the ENTSO for Electricity and the ENTSO for Gas shall conduct an extensive consultation process involving all relevant stakeholders, including the Union DSO entity, all relevant hydrogen stakeholders and all the Member States representatives part of the priority corridors defined in Annex I. |
Prior to submitting its report, the Agency shall conduct an extensive consultation process involving all relevant stakeholders, including the ENTSOs, the EU DSO entity, electricity and gas supply, energy efficiency, energy storage, energy flexibility, hydrogen, heating and cooling stakeholders, and civil society, and all the Member States representatives part of the priority corridors defined in Annex I |
Amendment 85
Proposal for a regulation
Article 13 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. The ENTSO for Electricity and the ENTSO for Gas shall submit their respective draft infrastructure gaps report to the Agency and the Commission for their opinion. |
2. The Agency shall submit its draft infrastructure gaps report to the Commission and the ESABCC for their opinion. |
Amendment 86
Proposal for a regulation
Article 13 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. Within three months following receipt of the infrastructure gaps report together with the input received in the consultation process and a report on how it was taken into account, the Agency shall submit its opinion to the ENTSO for Electricity or ENTSO for Gas and the Commission. |
3. Within three months following receipt of the infrastructure gaps report together with the input received in the consultation process and a report on how it was taken into account, the Commission shall submit its opinion to the Agency; the ESABCC may also submit its opinion. |
Amendment 87
Proposal for a regulation
Article 13 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. The Commission, considering the Agency’s opinion referred to in paragraph 3, shall draft and submit its opinion to the ENTSO for Electricity or the ENTSO for Gas. |
deleted |
Amendment 88
Proposal for a regulation
Article 13 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. The ENTSO for Electricity and the ENTSO for Gas shall adapt their infrastructure gaps reports taking due account of the Agency’s opinion and in line with the Commission’s opinion before the publication of the final infrastructure gaps reports. |
5. The Agency shall adapt its infrastructure gaps report taking due account of the Commission’s and, where relevant, the ESABCC's opinions. The Commission shall approve the infrastructure gaps report before its publication. |
Amendment 89
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
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Text proposed by the Commission |
Amendment |
Not later than 31 December 2027, the Commission shall publish a report on the implementation of projects of common interest and submit it to the European Parliament and the Council. That report shall provide an evaluation of: |
Not later than 31 December 2026, the Commission shall publish a report on the implementation of projects of common interest and submit it to the European Parliament and the Council. That report shall provide an evaluation of: |
Amendment 90
Proposal for a regulation
Article 22 – paragraph 1 – point h
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Text proposed by the Commission |
Amendment |
(h) the effectiveness of this Regulation in contributing to the climate and energy targets for 2030, and, in the longer term, to the achievement of climate neutrality by 2050. |
(h) the effectiveness of this Regulation in contributing to the climate and energy targets for 2030, and, in the longer term, to the achievement of climate neutrality by 2050 at the latest as well as the long-term global temperature goal set out in Article 2 of the Paris Agreement, while taking into account up-to-date science, in particular the IPCC special report on global warming of 1,5 °C. |
Amendment 91
Proposal for a regulation
Article 22 a (new)
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Text proposed by the Commission |
Amendment |
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Article 22a |
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Review |
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The Commission shall review this Regulation by 30 June 2027, based on the results of the reporting and evaluation under Article 22 of this Regulation, as well as its implementation and evaluation reports under Regulation (EU) 2021/... of the European Parliament and of the Council1a [CEF Regulation]. |
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___________________ |
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1a Regulation (EU) 2021/... of the European Parliament and of the Council of ... 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 (OJ L ...). |
Amendment 92
Proposal for a regulation
Article 23 – paragraph 1 – point a
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Text proposed by the Commission |
Amendment |
(a) general, updated information, including geographic information, for each project of common interest; |
(a) general, updated information, including geographic information and choice of location and routing also from an environmental perspective, for each project of common interest; |
Amendment 93
Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
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Text proposed by the Commission |
Amendment |
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(aa) all relevant information about the public consultations and hearings carried out regarding the project; |
Amendment 94
Proposal for a regulation
Article 23 – paragraph 1 – point c
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Text proposed by the Commission |
Amendment |
(c) the main expected benefits and the costs of the projects except for any commercially sensitive information; |
(c) the main expected benefits in terms of full life cycle greenhouse gas emission reductions, contribution to the climate-neutrality objective in the short-, mid- and long-term, and to energy system integration, and the costs of the projects except for any commercially sensitive information; |
Amendment 95
Proposal for a regulation
Article 25Regulation (EC) No 715/2009
Article 8 – paragraph 10 – subparagraph 1
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Text proposed by the Commission |
Amendment |
‘The ENTSO for Gas shall adopt and publish a Union-wide network development plan referred to in point (b) of paragraph 3 every two years. The Union-wide network development plan shall include the modelling of the integrated’ network, including hydrogen networks, scenario development, a European supply adequacy outlook and an assessment of the resilience of the system.’ |
‘The ENTSO for Gas shall make available all relevant data to the ACER and for the integrated Union-wide network development plan referred to in point (b) of paragraph 3 every two years. The integrated Union-wide network development plan shall include the modelling of the integrated network, including hydrogen as well as heating and cooling networks, scenario development, a European supply adequacy outlook and an assessment of the resilience of the system. The plan shall be aligned with the Union climate and energy targets for 2030 and the long-term scenarios towards climate neutrality.’ |
Amendment 96
Proposal for a regulation
Annex I – Part 1 – point 3 – subparagraph 2
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Text proposed by the Commission |
Amendment |
Member States concerned: Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland and Sweden. |
Member States concerned: Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Netherlands, Poland and Sweden. |
Amendment 97
Proposal for a regulation
Annex I – Part 2 – point 4 – subparagraph 1
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Text proposed by the Commission |
Amendment |
Northern Seas offshore grid (‘NSOG’): integrated offshore electricity grid development and the related interconnectors in the North Sea, the Irish Sea, the English Channel and neighbouring waters to transport electricity from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricity exchange. |
Northern Seas offshore grids (‘NSOG’): integrated offshore electricity and hydrogen grids development and the related interconnectors in the North Sea, the Irish Sea, the English Channel and neighbouring waters to transport electricity and hydrogen from renewable offshore energy sources to centres of consumption and storage and to increase cross-border renewable energy exchange. |
Amendment 98
Proposal for a regulation
Annex I – Part 2 – point 5 – subparagraph 1
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Text proposed by the Commission |
Amendment |
Baltic Energy Market Interconnection Plan offshore grid (‘BEMIP offshore’): integrated offshore electricity grid development and the related interconnectors in the Baltic Sea and neighbouring waters to transport electricity from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricity exchange. |
Baltic Energy Market Interconnection Plan offshore grids (‘BEMIP offshore’): integrated offshore electricity and hydrogen grids development and the related interconnectors in the Baltic Sea and neighbouring waters to transport electricity and hydrogen from renewable offshore energy sources to centres of consumption and storage and to increase cross-border renewable energy exchange. |
Amendment 99
Proposal for a regulation
Annex I – Part 2 – point 6 – subparagraph 1
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Text proposed by the Commission |
Amendment |
South and East offshore grid: integrated offshore electricity grid development and the related interconnectors in the Mediterranean Sea, Black Sea and neighbouring waters to transport electricity from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricity exchange. |
South and East offshore grids: integrated offshore electricity and hydrogen grids development and the related interconnectors in the Mediterranean Sea, Black Sea and neighbouring waters to transport electricity and hydrogen from renewable offshore energy sources to centres of consumption and storage and to increase cross-border renewable energy exchange. |
Amendment 100
Proposal for a regulation
Annex I – Part 2 – point 7 – subparagraph 1
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Text proposed by the Commission |
Amendment |
South Western Europe offshore grid: integrated offshore electricity grid development and the related interconnectors in the North Atlantic Ocean waters to transport electricity from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricity exchange. |
South Western Europe offshore grid: offshore electricity grid development or integrated offshore electricity grid development and the related interconnectors in the North Atlantic Ocean waters to transport electricity from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricity exchange. |
Amendment 101
Proposal for a regulation
Annex I – Part 4 – point 11 – subparagraph 1
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Text proposed by the Commission |
Amendment |
Smart electricity grids deployment: adoption of smart grid technologies across the Union to efficiently integrate the behaviour and actions of all users connected to the electricity network, in particular the generation of large amounts of electricity from renewable or distributed energy sources and demand response by consumers. |
Smart electricity grids deployment: adoption of smart grid technologies across the Union to efficiently integrate the behaviour and actions of all users connected to the electricity network, in particular the generation of large amounts of electricity from distributed renewable energy sources, and all available market-based voluntary flexibility sources, including energy storage, energy efficiency, demand response, and electric vehicles and components and installations to improve electric power quality and operational safety. |
Amendment 102
Proposal for a regulation
Annex I – Part 4 – point 12 – subparagraph 1
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Text proposed by the Commission |
Amendment |
Cross-border carbon dioxide network: development of carbon dioxide transport infrastructure between Member States and with neighbouring third countries in view of the deployment of carbon dioxide capture and storage. |
Carbon dioxide networks: development of transport infrastructure of carbon dioxide captured from industrial clusters with unabatable emissions for the purpose of geological storage. |
Amendment 103
Proposal for a regulation
Annex I – Part 4 – point 13 – subparagraph 1
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Text proposed by the Commission |
Amendment |
Smart gas grids: Adoption of smart gas grid technologies across the Union to efficiently integrate a plurality of renewable and low-carbon gas sources into the gas network, support the uptake of innovative solutions for network management and facilitating smart energy sector integration and demand response. |
Smart gas grids: Adoption of smart technologies across the Union to efficiently integrate renewable gas sources, in accordance with the definitions and the sustainability and greenhouse emissions saving criteria set out in Directive (EU) 2018/2001, and hydrogen produced from electrolyser facilities complying with the life cycle greenhouse gas emissions savings requirements set out in point (4) of Annex II, into the network, support the uptake of innovative solutions for network management and facilitating smart energy sector integration and demand response. |
Amendment 104
Proposal for a regulation
Annex I – Part 4 – point 13 a (new)
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Text proposed by the Commission |
Amendment |
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(13a) Heating and cooling networks: construction, extension, or renovation of heating and cooling networks using heat and cold from renewable energy sources, such as geothermal and solar thermal, and heat pumps, and from unavoidable excess heat and cold resources, as well as storage and conversion facilities and their related equipment. |
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Member States concerned: all. |
Amendment 105
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point a
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Text proposed by the Commission |
Amendment |
(a) high-voltage overhead transmission lines, if they have been designed for a voltage of 220 kV or more, and underground and submarine transmission cables, if they have been designed for a voltage of 150 kV or more; |
(a) overhead, underground and submarine transmission and distribution cables; |
Amendment 106
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point b
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Text proposed by the Commission |
Amendment |
(b) electricity storage facilities used for storing electricity on a permanent or temporary basis in above-ground or underground infrastructure or geological sites, provided they are directly connected to high-voltage transmission lines designed for a voltage of 110 kV or more; |
(b) electricity storage facilities used for storing electricity on a permanent or temporary basis in above-ground or underground infrastructure or geological sites, provided they have a capacity of 30 MW or more; |
Amendment 107
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point d
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Text proposed by the Commission |
Amendment |
(d) systems and components integrating ICT, through operational digital platforms, control systems and sensor technologies both at transmission and medium voltage distribution level, aiming at a more efficient and intelligent electricity transmission and distribution network, increased capacity to integrate new forms of generation, storage and consumption and facilitating new business models and market structures; |
(d) systems and components integrating ICT, through operational digital platforms, control systems and sensor technologies at transmission, medium and low voltage distribution level, aiming at a more stable, flexible, safe, efficient and intelligent electricity transmission and distribution network, increased electric power quality, operational safety and capacity to integrate new forms of generation, storage, electric vehicles and consumption and facilitating new business models and market structures; this includes components providing services of inertia, synthetic inertia, fault current injection, grid forming capacities, voltage regulation, frequency regulation, protection and monitoring; |
Amendment 108
Proposal for a regulation
Annex II – paragraph 1 – point 2 – point a
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Text proposed by the Commission |
Amendment |
(a) any of the following equipment or installation aiming at enabling and facilitating the integration of renewable and low-carbon gases (including biomethane or hydrogen) into the network: digital systems and components integrating ICT, control systems and sensor technologies to enable the interactive and intelligent monitoring, metering, quality control and management of gas production, transmission, distribution and consumption within a gas network. Furthermore, such projects may also include equipment to enable reverse flows from the distribution to the transmission level and related necessary upgrades to the existing network. |
(a) any of the following equipment or installation aiming at enabling and facilitating the integration of renewable gases into the network: digital systems and components integrating ICT, control systems and sensor technologies to enable the interactive and intelligent monitoring, metering, quality control and management of gas production, distribution and consumption within a network. Furthermore, such projects may also include equipment to enable reverse flows from the distribution to the transmission level and related necessary upgrades to the existing network. |
Amendment 109
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point a
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Text proposed by the Commission |
Amendment |
(a) transmission pipelines for the transport of hydrogen, giving access to multiple network users on a transparent and non-discriminatory basis, which mainly contains high-pressure hydrogen pipelines, excluding pipelines for the local distribution of hydrogen; |
(a) pipelines for the transport and distribution of hydrogen, connected to electrolyser facilities the production of which complies with the life cycle greenhouse gas emissions savings requirements set out in point (4), giving access to multiple network users on a transparent and non-discriminatory basis; |
Amendment 110
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point c
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Text proposed by the Commission |
Amendment |
(c) reception, storage and regasification or decompression facilities for liquefied hydrogen or hydrogen embedded in other chemical substances with the objective of injecting the hydrogen into the grid; |
(c) reception, storage and regasification or decompression facilities for liquefied hydrogen with the objective of injecting the hydrogen into the grid; |
Amendment 111
Proposal for a regulation
Annex II – paragraph 1 – point 4 – point a
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Text proposed by the Commission |
Amendment |
(a) electrolysers that: (i) have at least 100 MW capacity, (ii) the production complies with the life cycle greenhouse gas emissions savings requirement of 70 % relative to a fossil fuel comparator of 94g CO2e/MJ as set out in Article 25(2) and Annex V of Directive (EU) 2018/2001 of the European Parliament and of the Council. Life cycle greenhouse gas emissions savings are calculated using the methodology referred to in Article 28(5) of Directive (EU) 2018/2001 or, alternatively, using ISO 14067 or ISO 14064-1. Quantified life-cycle GHG emission savings are verified in line with Article 30 of Directive (EU) 2018/2001 where applicable, or by an independent third party, and (iii) have also a network-related function; |
(a) electrolysers that: (i) have at least 20 MW capacity, (ii) the production complies with the technical screening criteria established in the framework of Regulation (EU) 2020/852. Life cycle greenhouse gas emissions savings are calculated using the methodology referred to in Article 28(5) of Directive (EU) 2018/2001 or, alternatively, using ISO 14067 or ISO 14064-1. Quantified life-cycle GHG emission savings are verified in line with Article 30 of Directive (EU) 2018/2001 where applicable, or by an independent third party, and (iii) have also a network-related function; |
Amendment 112
Proposal for a regulation
Annex II – paragraph 1 – point 5 – point a
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Text proposed by the Commission |
Amendment |
(a) dedicated pipelines, other than upstream pipeline network, used to transport carbon dioxide from more than one source, i.e. industrial installations (including power plants) that produce carbon dioxide gas from combustion or other chemical reactions involving fossil or non-fossil carbon-containing compounds, for the purpose of permanent geological storage of carbon dioxide pursuant to Directive 2009/31/EC of the European Parliament and of the Council61 ; |
(a) dedicated pipelines used to transport carbon dioxide from more than one industrial source that produce unavoidable carbon dioxide gas from combustion or other chemical reactions involving fossil or non-fossil carbon-containing compounds, for the purpose of geological storage of carbon dioxide pursuant to Directive 2009/31/EC of the European Parliament and of the Council61; |
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61 OJ L 140, 5.6.2009, p. 114. |
61 OJ L 140, 5.6.2009, p. 114. |
Amendment 113
Proposal for a regulation
Annex II – paragraph 1 – point 5 a (new)
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Text proposed by the Commission |
Amendment |
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(5a) concerning heating and cooling networks: any of the following equipment or installations aiming at enabling and facilitating the integration of renewable energy based heat and cold and unavoidable excess heat resources into the network: pipes equipped with systems and components integrating ICT, control systems and sensor technologies to enable the interactive and intelligent monitoring, metering, temperature control and management of heat and cool production, distribution and consumption within a network; furthermore, such projects may also include equipment to enable integration of thermal storage, local heat or cold/ice storage from the distribution level and related necessary upgrades to the existing network to enable two-way district heating and cooling, as well as conversion facilities. |
Amendment 114
Proposal for a regulation
Annex III – Part 1 – point 1 – subparagraph 1
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Text proposed by the Commission |
Amendment |
with regard to energy infrastructure falling under the competency of national regulatory authorities, each Group shall be composed of representatives of the Member States, national regulatory authorities, TSOs, as well as the Commission, the Agency and the ENTSO for Electricity or the ENTSO for Gas, as relevant. |
with regard to energy infrastructure falling under the competency of national regulatory authorities, each Group shall be composed of representatives of the Member States, national regulatory authorities, TSOs and DSOs, as well as the Commission, the Agency, the ENTSO for Electricity and, the EU DSO entity, as relevant. |
Amendment 115
Proposal for a regulation
Annex III – Part 1 – point 4
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Text proposed by the Commission |
Amendment |
(4) each Group shall invite, as appropriate for the purpose of implementing the relevant priority designated in Annex I, promoters of a project potentially eligible for selection as a project of common interest as well as representatives of national administrations, of regulatory authorities, and TSOs from third countries. The decision to invite third country-representatives shall be based on consensus. |
(4) each Group shall invite, as appropriate for the purpose of implementing the relevant priority designated in Annex I, promoters of a project potentially eligible for selection as a project of common interest as well as representatives of national administrations, of regulatory authorities, local authorities and affected populations and communities, or their associations, organisations or groups, from third countries. The decision to invite third country-representatives shall be based on consensus. |
Amendment 116
Proposal for a regulation
Annex III – Part 1 – point 5
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Text proposed by the Commission |
Amendment |
(5) each Group shall invite, as appropriate, the organisations representing relevant stakeholders — and, where deemed appropriate, directly the stakeholders— including producers, distribution system operators, suppliers, consumers and organisations for environmental protection. The Group may organise hearings or consultations, where relevant for the accomplishments of its tasks. |
(5) each Group shall invite, as appropriate, the organisations representing relevant stakeholders and, where deemed appropriate, directly the stakeholders, including producers, independent experts, distribution system operators, suppliers, consumers, organisations for environmental protection, and affected populations and communities, and their associations, organisations or groups. Each Group shall, before the preparation of the draft regional list and when all the options are still open, organise a public consultation on the regional list. Groups shall include in the consultation affected populations and communities, and their associations, organisations or groups. The opinions expressed in the consultation shall be taken into account in the preparation of the list. The Groups shall publish a report summarising the opinions expressed, how they were taken into account and justifying why any of the opinions were not taken into account. The Group may also organise other hearings or consultations, where relevant for the accomplishments of its tasks and to ensure effective public participation of local actors. |
Amendment 117
Proposal for a regulation
Annex III – Part 1 – point 6
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Text proposed by the Commission |
Amendment |
(6) as regards the meetings of the Groups, the Commission shall publish, on a platform accessible to stakeholders, the internal rules, an updated list of member organisations, regularly updated information on the progress of work, meeting agendas, as well as meeting minutes, where available. The deliberations of the decision-making bodies of the Groups and the project ranking in accordance with Article 4(5) are confidential. |
(6) as regards the meetings of the Groups, the Commission shall publish, on a public platform, a report accessible to the public, containing at least: the project descriptions, the internal rules, an updated list of member organisations, regularly updated information on the progress of work, meeting agendas, meeting participant lists as well as meeting minutes. Meeting participants lists, meeting agendas and meeting minutes shall be produced and published for each meeting. This report shall contain a detailed justification showing how the projects would contribute to the Union’s 2030 climate and energy targets and the climate neutrality objective. It shall also contain an overview of measures taken to ensure the full inclusion and participation of local and marginalised communities. The deliberations of the decision-making bodies of the Groups and the project ranking in accordance with Article 4(5) shall be recorded in meeting minutes and published. |
Amendment 118
Proposal for a regulation
Annex III – Part 2 – point 1 – point c
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Text proposed by the Commission |
Amendment |
(c) for projects having reached a sufficient degree of maturity, a project-specific cost-benefit analysis based on the methodologies developed by the ENTSO for electricity or the ENTSO for gas pursuant to Article 11; |
(c) for projects having reached a sufficient degree of maturity, a project-specific cost-benefit analysis based on the methodology developed by the Agency pursuant to Article 11; |
Amendment 119
Proposal for a regulation
Annex III – Part 2 – point 2
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Text proposed by the Commission |
Amendment |
(2) all recipients shall preserve the confidentiality of commercially sensitive information. |
(2) the information included in the application for a project of common interest shall be published on the dedicated project website referred to in Article 9(7), taking into account the confidentiality of commercially sensitive information. |
Amendment 120
Proposal for a regulation
Annex III – Part 2 – point 3
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Text proposed by the Commission |
Amendment |
(3) the proposed electricity transmission and storage projects of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) of Annex II are projects that are 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 and storage projects of common interest falling under the categories set out in point (1)(e) of Annex II are projects that derive from and are consistent with the integrated offshore network development plan referred to in Article 14 (2). |
(3) the proposed projects of common and mutual interest are part of the latest available Union-wide ten-year network development plan developed by the Agency. The proposed electricity transmission and storage and hydrogen grid projects of common interest falling under the categories set out in point (1)(e) of Annex II are projects that derive from and are consistent with the integrated offshore network development plan referred to in Article 14 (2). |
Amendment 121
Proposal for a regulation
Annex III – Part 2 – point 4
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Text proposed by the Commission |
Amendment |
(4) as of 1 January 2024, the proposed hydrogen projects of common interest falling under the categories set out in point (3) of Annex II are projects that are part of the latest available Union-wide ten-year network development plan for gas, developed by the ENTSO for Gas pursuant Article 8 of Regulation (EC) No 715/2009. |
deleted |
Amendment 122
Proposal for a regulation
Annex III – Part 2 – point 5 – subparagraph 1
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Text proposed by the Commission |
Amendment |
by 30 June 2022 and, subsequently, for every Union-wide ten-year network development plans, the ENTSO for Electricity and ENTSO for Gas shall issue updated guidelines for inclusion of projects in their respective Union-wide ten-year network development plans, referred to in points (3) and (4), in order to ensure equal treatment and transparency of the process. For all the projects included in the Union list of projects of common interest in force at the time, the guidelines shall define a simplified process of inclusion in the Union-wide ten-year network development plans by automatic inclusion taking into account the documentation and data already submitted during the previous Union-wide ten-year network development plan processes as long as the information therein remains valid. |
by 30 June 2022 and, subsequently, for every Union-wide ten-year network development plans, the Agency shall issue updated guidelines for inclusion of projects in the Union-wide ten-year network development plan, referred to in point (3), in order to ensure equal treatment and transparency of the process. For all the projects included in the Union list of projects of common interest in force at the time, the guidelines shall define a simplified process of data provision for the Union-wide ten-year network development plan by taking into account the documentation and data already submitted during the previous Union-wide ten-year network development plan process as long as the information therein remains valid. |
Amendment 123
Proposal for a regulation
Annex III – Part 2 – point 5 – subparagraph 2
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Text proposed by the Commission |
Amendment |
The ENTSO for Electricity and ENTSO for Gas shall consult with 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. |
The Agency shall consult with the Commission and the ESABCC about the draft guidelines for inclusion of projects in the Union-wide ten-year network development plan and take due account of the Commission’s and, if available, the ESABCC’s recommendations before the publication of the final guidelines. |
Amendment 124
Proposal for a regulation
Annex III – Part 2 – point 6
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Text proposed by the Commission |
Amendment |
(6) proposed carbon dioxide transport projects falling under the category set out in point (5) 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. |
(6) proposed carbon dioxide transport projects falling under the category set out in point (5) of Annex II shall be presented by the Member States concerned or entities designated by those Member States to the Commission. |
Amendment 125
Proposal for a regulation
Annex III – Part 2 – point 13
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Text proposed by the Commission |
Amendment |
(13) within one month of the date of receipt of the Agency’s opinion, the decision-making body of each Group shall adopt its final regional list, respecting the provisions set out in Article 3(3), on the basis of the Groups’ proposal and taking into account the opinion of the Agency and the assessment of the national regulatory authorities submitted in accordance with point (7), or the assessment of the Commission for projects not falling within the competency of national regulatory authorities proposed in accordance with point (8). The Groups shall submit the final regional lists to the Commission, together with any opinions as specified in point (9). |
(13) within one month of the date of receipt of the Agency’s opinion, the decision-making body of each Group shall adopt its final regional list, respecting the provisions set out in Article 3(3), on the basis of the Groups’ proposal and ensuring consistency with the opinion of the Agency and the assessment of the national regulatory authorities submitted in accordance with point (7), or the assessment of the Commission for projects not falling within the competency of national regulatory authorities proposed in accordance with point (8). The Groups shall submit the final regional lists to the Commission, together with any opinions as specified in point (9). |
Amendment 126
Proposal for a regulation
Annex III – Part 2 – point 14
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Text proposed by the Commission |
Amendment |
(14) where, on the basis of the regional lists received, and after having taken into account the Agency opinion, the total number of proposed projects of common interest on the Union list would exceed a manageable number, the Commission shall consider, after having consulted each Group concerned, not to include in the Union list projects that were ranked lowest by the Group concerned in accordance with the ranking established pursuant to Article 4(5). |
(14) where, on the basis of the regional lists received, and after having taken into account the Agency opinion, the total number of proposed projects of common interest on the Union list would exceed a manageable number in a category, the Commission shall consider, after having consulted each Group concerned, and the European Parliament, not to include in the Union list projects that were ranked lowest in that category by the Group concerned in accordance with the ranking established pursuant to Article 4(5) |
Amendment 127
Proposal for a regulation
Annex IV – point 1 – introductory part
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Text proposed by the Commission |
Amendment |
(1) a project with significant cross-border impact is a project on the territory of a Member State, which fulfils the following conditions: |
(1) a project with significant cross-border impact or replicability is a project on the territory of a Member State, which fulfils the following conditions: |
Amendment 128
Proposal for a regulation
Annex IV – point 1 – point a
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Text proposed by the Commission |
Amendment |
(a) for electricity transmission, the project increases the grid transfer capacity, or the capacity available for commercial flows, at the border of that Member State with one or several other Member States, having the effect of increasing the cross-border grid transfer capacity at the border of that Member State with one or several other Member States, by at least 500 Megawatt compared to the situation without commissioning of the project; |
(a) for electricity transmission and distribution, the project increases or maintains or has the effect of increasing or maintaining the grid transfer capacity, or the capacity available for commercial flows, at the border of that Member State with one or several other Member States, compared to the situation without commissioning of the project; |
Amendment 129
Proposal for a regulation
Annex IV – point 1 – point b
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Text proposed by the Commission |
Amendment |
(b) for electricity storage, the project provides at least 225 MW installed capacity and has a storage capacity that allows a net annual electricity generation of 250 Gigawatt-hours/year; |
(b) for electricity storage, the project provides at least 30 MW installed capacity; |
Amendment 130
Proposal for a regulation
Annex IV – point 1 – point c
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Text proposed by the Commission |
Amendment |
(c) for smart electricity grids, the project is designed for equipment and installations at high-voltage and medium-voltage level. It involves transmission system operators, transmission and distribution system operators or distribution system operators from at least two Member States. Distribution system operators can be involved only with the support of the transmission system operators, of at least two Member States, that are closely associated to the project and ensure interoperability. A project covers at least 50000 users, generators, consumers or prosumers of electricity, in a consumption area of at least 300 Gigawatthours/year, of which at least 20 % originate from variable renewable resources; |
(c) for smart electricity grids, the project results in avoided investments in grid transfer capacity of at least 200 MW at any of the borders of the Member State in which the project is developed or the project is replicable in other Member States, as attested by at least one letter of support by at least one system operator located in another Member State; |
Amendment 131
Proposal for a regulation
Annex IV – point 1 – point d
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Text proposed by the Commission |
Amendment |
(d) for hydrogen transmission, the project enables the transmission of hydrogen across the borders of the Member States concerned, or 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; |
(d) for hydrogen transmission and distribution, the project enables the transmission of hydrogen across the borders of the Member States concerned, or 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 the project serves at least two industrial clusters and/or multimodal transport hubs; |
Amendment 132
Proposal for a regulation
Annex IV – point 1 – point e
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Text proposed by the Commission |
Amendment |
(e) for hydrogen storage or hydrogen reception facilities referred to in point (3) of Annex II, the project aims at supplying directly or indirectly at least two Member States; |
(e) for hydrogen storage or hydrogen reception facilities referred to in point (3) of Annex II, the project aims at supplying directly or indirectly at least two Member States or at least two industrial clusters and/or multimodal transport hubs; |
Amendment 133
Proposal for a regulation
Annex IV – point 1 – point f
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Text proposed by the Commission |
Amendment |
(f) for electrolysers, the project provides at least 100 MW installed capacity and the brings benefits directly or indirectly to at least two Member States; |
(f) for electrolysers, the project provides at least 20 MW installed capacity and the brings benefits directly or indirectly to at least two Member States or at least two industrial clusters and/or multimodal transport hubs; |
Amendment 134
Proposal for a regulation
Annex IV – point 1 – point g
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Text proposed by the Commission |
Amendment |
(g) for smart gas grids, a project involves transmission system operators, transmission and distribution system operators or distribution system operators from at least two Member States. Distribution system operators can be involved only with the support of the transmission system operators, of at least two Member States, that are closely associated to the project and ensure interoperability. |
(g) for smart gas grids, a project results in avoided cross border infrastructure investments in the concerned Member State, in reduced fuel imports to the Union, and in renewable gas capacity replacing fossil gas, and a project is replicable in other Member States, as attested by at least one letter of support by at least one system operator located in another Member State; |
Amendment 135
Proposal for a regulation
Annex IV – point 1 – point g a (new)
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Text proposed by the Commission |
Amendment |
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(ga) for heating and cooling networks, the project results in avoided cross border infrastructure investments in the concerned Member State, and in reduced fuel imports to the Union, and has at least [X] MW heat production capacity or [Y] MW cooling capacity, or the project is replicable in other Member States, as attested by at least one letter of support by at least one system operator located in another Member State; |
Amendment 136
Proposal for a regulation
Annex IV – point 1 – point g b (new)
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Text proposed by the Commission |
Amendment |
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(gb) for carbon dioxide networks, a project enables the connection of at least two industrial clusters located in at least two different Member States with unabatable emissions. |
Amendment 137
Proposal for a regulation
Annex IV – point 2 – point b
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Text proposed by the Commission |
Amendment |
(i) for projects of mutual interest in the category set out in point (3) of Annex II, the hydrogen project enables the transmission of hydrogen across at the border of a Member State with one or more third countries and proves bringing significant benefits, under the specific criteria listed in in Article 4(3), to at least two Member States. The calculation of the benefits for the Member States shall be performed and published by the ENTSO for Gas in the frame of Union-wide ten-year network development plan; |
(b) for projects of mutual interest in the category set out in point (3) of Annex II, the hydrogen project enables the transmission of hydrogen across at the border of a Member State with one or more third countries and proves bringing significant benefits, under the specific criteria listed in in Article 4(3), to at least two Member States. The calculation of the benefits for the Member States shall be performed and published by the Agency in the frame of Union-wide ten-year network development plan; |
Amendment 138
Proposal for a regulation
Annex IV – point 3 – point b – point i
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Text proposed by the Commission |
Amendment |
(i) for electricity transmission, estimating the amount of generation capacity from renewable energy sources (by technology, in megawatts), 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 in 2030 according to the National Energy and Climate Plans submitted by Member States in accordance with Regulation (EU) 2018/1999 of the European Parliament and of the Council62 ; |
(i) for electricity transmission and distribution, estimating the amount of generation capacity from renewable energy sources (by technology, in megawatts), 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 in 2030 according to the National Energy and Climate Plans submitted by Member States in accordance with Regulation (EU) 2018/1999 of the European Parliament and of the Council62; |
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62 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council, OJ L 328, 21.12.2018, p. 1. |
62 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council, OJ L 328, 21.12.2018, p. 1. |
Amendment 139
Proposal for a regulation
Annex IV – point 5 – point a
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Text proposed by the Commission |
Amendment |
(a) Sustainability measured as the contribution of a project to: greenhouse gas emission reductions in different end-use applications, such as industry or transport; flexibility and seasonal storage options for renewable electricity generation; or the integration of renewable hydrogen. |
(a) Sustainability measured as the contribution of a project to: greenhouse gas emission reductions in different hard-to-abate end-use applications, such as industry or transport; flexibility and seasonal storage options for renewable electricity generation; and the integration of renewable hydrogen. |
Amendment 140
Proposal for a regulation
Annex IV – point 6 – point a
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Text proposed by the Commission |
Amendment |
(a) level of sustainability measured by assessing the share of renewable and low-carbon gases integrated into the gas network, the related greenhouse gas emission savings towards total system decarbonisation and the adequate detection of leakage. |
(a) level of sustainability measured by assessing the related full life-cycle and system-wide greenhouse gas emission savings towards total system decarbonisation. |
Amendment 141
Proposal for a regulation
Annex IV – point 6 – point b
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Text proposed by the Commission |
Amendment |
(b) quality and security of supply measured by assessing the ratio of reliably available gas supply and peak demand, the share of imports replaced by local renewable and low-carbon gases, the stability of system operation, the duration and frequency of interruptions per customer. |
(b) quality and security of supply measured by assessing the ratio of reliably available gas supply and peak demand, the share of imports replaced by local renewable gases, the stability of system operation, the duration and frequency of interruptions per customer. |
Amendment 142
Proposal for a regulation
Annex IV – point 7 a (new)
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Text proposed by the Commission |
Amendment |
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(7a) concerning heating and cooling networks falling under the category set out in point (5a) of Annex II, the criteria listed in Article 4 shall be evaluated as follows: |
Amendment 143
Proposal for a regulation
Annex IV – point 7 a – point a (new)
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Text proposed by the Commission |
Amendment |
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(a) level of sustainability measured by assessing the share of renewable energy integrated into the network, the related full life-cycle and system-wide greenhouse gas emission savings towards total system decarbonisation and the unavoidable excess heat/cold valued by the project; |
Amendment 144
Proposal for a regulation
Annex IV – point 7 a – point b (new)
|
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Text proposed by the Commission |
Amendment |
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(b) quality and security of supply measured by assessing the ratio of reliably available supply and demand, the share of fossil based energy replaced by local renewable and unavoidable excess heat and cold, the stability of system operation and contribution to thermal storage and conversion; |
Amendment 145
Proposal for a regulation
Annex IV – point 7 a – point c (new)
|
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Text proposed by the Commission |
Amendment |
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(c) facilitation of smart energy sector integration measured by assessing the cost savings enabled in connected energy sectors and systems, such as power systems, and industry.
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Amendment 146
Proposal for a regulation
Annex IV – point 7 b (new)
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Text proposed by the Commission |
Amendment |
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(7b) concerning carbon transport projects falling under the category set out in point (5) of Annex II, the criteria listed in Article 4 shall be evaluated as follows: |
Amendment 147
Proposal for a regulation
Annex IV – point 7 b – point a (new)
|
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Text proposed by the Commission |
Amendment |
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(a) reduction of system-wide and full life-cycle greenhouse gas emissions in the connected clusters of industrial installations, that could not be achieved by direct electrification, process innovations, energy efficiency and direct renewable energy use; the capture rate of the capturing equipment installed at the industrial installations shall be greater than 90 %. |
Amendment 148
Proposal for a regulation
Annex IV – point 7 c (new)
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Text proposed by the Commission |
Amendment |
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(7c) the following requirements shall also apply to projects falling under the energy infrastructure categories set out in points (1) to (5a) of Annex II: |
Amendment 149
Proposal for a regulation
Annex IV – point 7 c – point a (new)
|
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Text proposed by the Commission |
Amendment |
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(a) the forecast utilisation rate shall be one of the parameters to be considered for the assessment of the project contribution to the criteria listed in Article 4(3) and the corresponding indicators set out in points (3) to (7) of this Annex; each project shall reach and maintain throughout its lifetime a minimum average annual utilisation rate defined in the methodology for the energy system-wide cost-benefit and climate compatibility analysis referred to in Article 11 and Annex V; |
Amendment 150
Proposal for a regulation
Annex IV – point 7 c – point b (new)
|
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Text proposed by the Commission |
Amendment |
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(b) each project shall fulfil other sustainability criteria related to the objectives of sustainable use and the protection of resources, including water, the handling of waste and the minimisation of use of raw and secondary materials, pollution prevention and control, the protection and restoration of biodiversity and ecosystems as well as air quality; the analysis of compliance with those criteria can take into consideration indicators and corresponding reference values for the comparison of unit investment costs; |
Amendment 151
Proposal for a regulation
Annex IV – point 7 c – point c (new)
|
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Text proposed by the Commission |
Amendment |
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(c) in relation to the project contribution to the connection and/or integration of renewable energy and to full life-cycle and system-wide greenhouse gas emission reductions, each project shall be assessed through a comparison between the situation in the absence of the project and the situation in presence of the project, considering its forecast utilisation rate as set out in point (a). |
Amendment 152
Proposal for a regulation
Annex V – title
|
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Text proposed by the Commission |
Amendment |
ENERGY SYSTEM-WIDE COST-BENEFIT ANALYSIS |
Energy system wide cost-benefit and climate compatibility analysis |
Amendment 153
Proposal for a regulation
Annex V – paragraph 1 – introductory part
|
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Text proposed by the Commission |
Amendment |
The methodology for a harmonised energy system-wide cost-benefit analysis for projects of common interest shall satisfy the following principles. |
The methodology for a harmonised energy system-wide cost-benefit and climate compatibility analysis for projects of common interest shall satisfy the following principles: |
Amendment 154
Proposal for a regulation
Annex V – paragraph 1 – point 1
|
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Text proposed by the Commission |
Amendment |
(1) the area for the analysis of an individual project shall cover all Member States and third countries, on whose territory the project is located, all directly neighbouring Member States and all other Member States significantly impacted by the project. For this purpose, ENTSO for electricity and ENTSO for gas shall cooperate with all the relevant system operators in the relevant third countries. |
(1) the area for the analysis of an individual projects shall cover all Member States and third countries, on whose territory the project is located, all directly neighbouring Member States and all other Member States significantly impacted by the project. For this purpose, ENTSO for electricity shall cooperate with all the relevant system operators in the relevant third countries. |
Amendment 155
Proposal for a regulation
Annex V– paragraph 1 – point 2
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|
Text proposed by the Commission |
Amendment |
(2) each cost-benefit analysis shall include sensitivity analyses concerning the input data set, the commissioning date of different projects in the same area of analysis and other relevant parameters. |
(2) each cost-benefit analysis shall include sensitivity analyses concerning the input data set, the commissioning date of different projects in the same area of analysis, climate impacts such as increased temperatures and the multiplication of extreme weather events and other relevant parameters. |
Amendment 156
Proposal for a regulation
Annex V – paragraph 1 – point 5
|
|
Text proposed by the Commission |
Amendment |
(5) it shall include and explain how the energy efficiency first principle is implemented in all the steps of the ten-Year Network Development Plans. |
(5) it shall include and explain how the principle of ‘energy efficiency first’ is implemented and system efficiency is considered in all the steps of the ten-Year Network Development Plan, by assessing all relevant non-infrastructure related solutions, such as voluntary market-based demand-side management schemes and building renovations, and consider them a priority solution when they are deemed more effective and cost-efficient on a system-wide perspective than the construction of new supply side infrastructure. It shall set objectives for network operation on energy efficiency. |
Amendment 157
Proposal for a regulation
Annex V – paragraph 1 – point 5 a (new)
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Text proposed by the Commission |
Amendment |
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(5a) it shall include and explain how the ‘do no harm’ principle is implemented in all the steps of the ten-Year Network Development Plan. |
Amendment 158
Proposal for a regulation
Annex V – paragraph 1 – point 5 b (new)
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|
Text proposed by the Commission |
Amendment |
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(5b) it shall include full life-cycle emissions of a project from extraction to end use, as well as those resulting from the construction and operation of new infrastructure linked and related to it. The costs for the latter shall also be duly included in the cost-benefit analysis of the project benefitting from the related infrastructure. |
Amendment 159
Proposal for a regulation
Annex V – paragraph 1 – point 7
|
|
Text proposed by the Commission |
Amendment |
(7) it shall, at least, take into account the capital expenditure, operational and maintenance expenditure costs over the assessment life cycle of the project and decommissioning and waste management costs, where relevant. The methodology shall give guidance on discount rates, assessment lifetime and residual value to be used for the cost- benefit calculations. |
(7) it shall, at least, take into account the capital expenditure, operational and maintenance expenditure costs over the assessment life cycle of the project and decommissioning and waste management costs, where relevant. The methodology shall give guidance on discount rates, (including an up-to-date, realistic discount rate for energy efficiency measures), assessment lifetime and residual value to be used for the cost- benefit calculations. |
Amendment 160
Proposal for a regulation
Annex V – paragraph 1 – point 8
|
|
Text proposed by the Commission |
Amendment |
(8) it shall ensure that the climate adaptation measures taken for each project are assessed and reflect the cost of greenhouse gas emissions in a consistent manner with other Union policies. |
(8) it shall ensure that the climate mitigation and adaptation measures taken for each project are assessed and reflect the cost of greenhouse gas emissions in a consistent manner with other Union policies. |
Amendment 161
Proposal for a regulation
Annex VI – point 1 – point b
|
|
Text proposed by the Commission |
Amendment |
(b) the list of relevant decisions and opinions to be obtained; |
(b) the list of relevant decisions and opinions to be obtained, including opinions of civil society and local authorities; |
Amendment 162
Proposal for a regulation
Annex VI – point 1 – point c
|
|
Text proposed by the Commission |
Amendment |
(c) the names and contact details of the Competent Authority, other authorities and major stakeholders concerned; |
(c) the names and contact details of the Competent Authority, other authorities and major stakeholders concerned, including local authorities and civil society; |
Amendment 163
Proposal for a regulation
Annex VI – point 1 – point g
|
|
Text proposed by the Commission |
Amendment |
(g) modalities in which the competent authority, other authorities concerned and the project promoter shall demonstrate that the opinions expressed in the public consultation were taken into account, for example by showing what amendments were done in the location and design of the project or by justifying why such opinions have not been taken into account; |
(g) modalities in which the competent authority, other authorities concerned and the project promoter shall demonstrate that the opinions expressed in the public consultation were taken into account, by showing what amendments were done in the location and design of the project and by justifying why such opinions have not been taken into account; |
Amendment 164
Proposal for a regulation
Annex VI – point 1 – point h
|
|
Text proposed by the Commission |
Amendment |
(h) as much as possible, translations of its content in all languages of the neighbouring Member States to be realized in coordination with the respective neighbouring Member States; |
(h) translations of its content in all languages of the neighbouring Member States to be realized in coordination with the respective neighbouring Member States; |
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|
Amendment 165
Proposal for a regulation
Annex VI – point 1 – point h a (new)
|
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Text proposed by the Commission |
Amendment |
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(ha) the recommendation to publish the information in a way that is accessible to the public: via a website, as well as a paper-version accessible to the public in the offices of the local authorities and a poster announcing the consultation and the modalities of participation in each of the territories concerned by the project; |
Amendment 166
Proposal for a regulation
Annex VI – point 3 – point a
|
|
Text proposed by the Commission |
Amendment |
(a) the stakeholders affected by a project of common interest, including relevant national, regional and local authorities, landowners and citizens living in the vicinity of the project, the general public and their associations, organisations or groups, shall be extensively informed and consulted at an early stage, when potential concerns by the public can still be taken into account and in an open and transparent manner. Where relevant, the competent authority shall actively support the activities undertaken by the project promoter; |
(a) the stakeholders affected by a project of common interest, including relevant national, regional and local authorities, landowners and citizens living in the vicinity of the project, the general public and their associations, organisations or groups, shall be extensively informed and consulted at least three months before the end of the pre-application procedure, when potential concerns by the public can still be taken into account and in an inclusive, open and transparent manner. Where relevant, the competent authority shall actively support the transparency and public participation activities undertaken by the project promoter; |
Amendment 167
Proposal for a regulation
Annex VI – point 3 – point b
|
|
Text proposed by the Commission |
Amendment |
(b) competent authorities shall ensure that public consultation procedures for projects of common interest are grouped together where possible including public consultations already required under national law. Each public consultation shall cover all subject matters relevant to the particular stage of the procedure, and one subject matter relevant to the particular stage of the procedure shall not be addressed in more than one public consultation; however, one public consultation may take place in more than one geographical location. The subject matters addressed by a public consultation shall be clearly indicated in the notification of the public consultation; |
(b) competent authorities shall ensure that public consultation procedures for projects of common interest are grouped together including public consultations already required under national law. Each public consultation shall cover all subject matters relevant to the particular stage of the procedure, and one subject matter relevant to the particular stage of the procedure shall not be addressed in more than one public consultation; however, one public consultation may take place in more than one geographical location. The subject matters addressed by a public consultation shall be clearly indicated in the notification of the public consultation; |
Amendment 168
Proposal for a regulation
Annex VI – point 5 – introductory part
|
|
Text proposed by the Commission |
Amendment |
(5) in the context of the public consultation to be carried out before submission of the application file, the relevant parties shall at least: |
(5) in the context of the public consultation to be carried out at least eight weeks before submission of the application file, the relevant parties shall at least: |
Amendment 169
Proposal for a regulation
Annex VI – point 5 – point a
|
|
Text proposed by the Commission |
Amendment |
(a) publish an information leaflet of no more than 15 pages, giving, in a clear and concise manner, an overview of the description, purpose and preliminary timetable of the development steps of the project, the national grid development plan, alternative routes considered, types and characteristics of the potential impacts, including of cross-border or transboundary nature, and possible mitigation measures, which shall be published prior to the start of the consultation; The information leaflet shall furthermore list the web addresses of the website of the project of common interest referred to in Article 9(7), the transparency platform referred to in Article 23 and of the manual of procedures referred to in point (1); |
(a) publish an information leaflet of no more than 15 pages, giving, in a clear and concise manner, an overview of the description, purpose and preliminary timetable of the development steps of the project, the national grid development plan, alternative routes considered, types and characteristics of the potential impacts, including of cross-border or transboundary nature, and possible mitigation measures, which shall be published at least eight weeks before the start of the consultation. The information leaflet shall furthermore list the web addresses of the website of the project of common interest referred to in Article 9(7), the transparency platform referred to in Article 23 and of the manual of procedures referred to in point (1); this leaflet shall be accessible to the public: at least via a website, as well as a paper-version accessible to the public in the offices of local authorities; |
Amendment 170
Proposal for a regulation
Annex VI – point 5 – point b
|
|
Text proposed by the Commission |
Amendment |
(b) publish the information on the consultation on the website of the project of common interest referred to in Article 9(7), on the bulletin boards of the offices of local administrations, and, at least, in two local media outlets; |
(b) publish the information on the consultation on the website of the project of common interest referred to in Article 9(7), on the bulletin boards of the offices of local administrations, and, at least, in two local media outlets, at least eight weeks before the submission of the application file; |
Amendment 171
Proposal for a regulation
Annex VI – point 5 – point c
|
|
Text proposed by the Commission |
Amendment |
(c) invite in written form relevant affected stakeholders, associations, organisations and groups to dedicated meetings, during which concerns shall be discussed; |
(c) invite in written form relevant affected stakeholders, associations, organisations and groups to dedicated meetings, during which concerns shall be discussed, at least eight weeks before the submission of the application file; |
Amendment 172
Proposal for a regulation
Annex VI – point 5 – point c a (new)
|
|
Text proposed by the Commission |
Amendment |
|
(ca) special attention shall be paid to vulnerable populations, impacted communities and people isolated from access to information. The promoter shall present a notice explaining its consultation process with these populations; |
Amendment 173
Proposal for a regulation
Annex VI – point 6 – introductory part
|
|
Text proposed by the Commission |
Amendment |
(6) the project website referred to in Article 9(7) shall at least publish the following information: |
(6) the project website referred to in Article 9(7) shall be updated regularly and at least publish the following information: |
Amendment 174
Proposal for a regulation
Annex VI – point 6 – point i a (new)
|
|
Text proposed by the Commission |
Amendment |
|
(ia) all relevant information about the public consultations and hearings that were carried out. |
ANNEX: LIST OF ENTITIES OR PERSONS
FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the opinion, until the adoption thereof in committee:
Entity and/or person |
Artelys |
CEE Bankwatch Network |
ClientEarth |
Climate Action Network Europe - CAN Europe |
Corporate Europe Observatory CEO |
E.DSO |
E3G |
Ecologistas en Acción |
Electricité de France (EDF) |
Enel |
Energy attachés of national Perm. Rep. : France, Luxembourg |
Euro Heat & Power |
Eurogas |
European Biogas Association |
European Commission: DG ENER, DG ENVI |
European Energy Forum EEF |
Food & Water Action Europe |
Friends of the Earth Europe |
Global Witness |
Greenpeace |
Hitachi ABB powergrids |
Hydrogen Europe |
Institut du Développement Durable et des Relations Internationales - IDDRI |
Nabu |
Negative Emission Platform |
Orsted |
Regulators : ACER, CEER, CRR |
SmartEn |
SolarPower Europe |
Wien Energy, Wiener Stadtwerke, Wiener Netze |
Wind Europe |
PROCEDURE – COMMITTEE ASKED FOR OPINION
Title |
Guidelines for trans-European energy infrastructure and repealing Regulation (EU) No 347/2013 |
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References |
COM(2020)0824 – C9-0417/2020 – 2020/0360(COD) |
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Committee responsible Date announced in plenary |
ITRE 18.1.2021 |
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|
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Opinion by Date announced in plenary |
ENVI 18.1.2021 |
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Rapporteur for the opinion Date appointed |
Marie Toussaint 18.2.2021 |
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Discussed in committee |
22.4.2021 |
21.6.2021 |
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Date adopted |
22.6.2021 |
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Result of final vote |
+: –: 0: |
44 35 0 |
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Members present for the final vote |
Nikos Androulakis, Bartosz Arłukowicz, Margrete Auken, Simona Baldassarre, Marek Paweł Balt, Traian Băsescu, Aurélia Beigneux, Monika Beňová, Sergio Berlato, Alexander Bernhuber, Malin Björk, Simona Bonafè, Delara Burkhardt, Pascal Canfin, Sara Cerdas, Mohammed Chahim, Tudor Ciuhodaru, Nathalie Colin-Oesterlé, Esther de Lange, Christian Doleschal, Marco Dreosto, Bas Eickhout, Cyrus Engerer, Eleonora Evi, Agnès Evren, Pietro Fiocchi, Catherine Griset, Jytte Guteland, Teuvo Hakkarainen, Anja Hazekamp, Martin Hojsík, Pär Holmgren, Jan Huitema, Yannick Jadot, Adam Jarubas, Petros Kokkalis, Athanasios Konstantinou, Ewa Kopacz, Joanna Kopcińska, Ryszard Antoni Legutko, Peter Liese, Sylvia Limmer, Javi López, Fulvio Martusciello, Liudas Mažylis, Joëlle Mélin, Tilly Metz, Silvia Modig, Dolors Montserrat, Alessandra Moretti, Dan-Ştefan Motreanu, Ville Niinistö, Ljudmila Novak, Grace O’Sullivan, Jutta Paulus, Stanislav Polčák, Jessica Polfjärd, Frédérique Ries, Sándor Rónai, Rob Rooken, Silvia Sardone, Christine Schneider, Günther Sidl, Linea Søgaard-Lidell, Maria Spyraki, Nicolae Ştefănuță, Nils Torvalds, Véronique Trillet-Lenoir, Petar Vitanov, Alexandr Vondra, Mick Wallace, Pernille Weiss, Emma Wiesner, Michal Wiezik, Tiemo Wölken, Anna Zalewska |
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Substitutes present for the final vote |
Nicolás González Casares, Sophia in ‘t Veld, Susana Solís Pérez |
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FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
44 |
+ |
NI |
Athanasios Konstantinou |
PPE |
Michal Wiezik |
Renew |
Pascal Canfin, Martin Hojsík, Jan Huitema, Sophia in 't Veld, Frédérique Ries, Susana Solís Pérez, Nicolae Ştefănuță, Linea Søgaard-Lidell, Nils Torvalds, Véronique Trillet-Lenoir, Emma Wiesner |
S&D |
Nikos Androulakis, Marek Paweł Balt, Monika Beňová, Simona Bonafè, Delara Burkhardt, Sara Cerdas, Mohammed Chahim, Tudor Ciuhodaru, Cyrus Engerer, Nicolás González Casares, Jytte Guteland, Javi López, Alessandra Moretti, Sándor Rónai, Günther Sidl, Petar Vitanov, Tiemo Wölken |
The Left |
Malin Björk, Anja Hazekamp, Petros Kokkalis, Silvia Modig, Mick Wallace |
Verts/ALE |
Margrete Auken, Bas Eickhout, Eleonora Evi, Pär Holmgren, Yannick Jadot, Tilly Metz, Ville Niinistö, Grace O'Sullivan, Jutta Paulus |
35 |
- |
ECR |
Sergio Berlato, Pietro Fiocchi, Joanna Kopcińska, Ryszard Antoni Legutko, Rob Rooken, Alexandr Vondra, Anna Zalewska |
ID |
Simona Baldassarre, Aurélia Beigneux, Marco Dreosto, Catherine Griset, Teuvo Hakkarainen, Sylvia Limmer, Joëlle Mélin, Silvia Sardone |
PPE |
Bartosz Arłukowicz, Traian Băsescu, Alexander Bernhuber, Nathalie Colin-Oesterlé, Christian Doleschal, Agnès Evren, Adam Jarubas, Ewa Kopacz, Esther de Lange, Peter Liese, Fulvio Martusciello, Liudas Mažylis, Dolors Montserrat, Dan-Ştefan Motreanu, Ljudmila Novak, Stanislav Polčák, Jessica Polfjärd, Christine Schneider, Maria Spyraki, Pernille Weiss |
|
0 |
|
|
Key to symbols:
+ : in favour
- : against
0 : abstention
OPINION OF THE COMMITTEE ON TRANSPORT AND TOURISM (30.6.2021)
for the Committee on Industry, Research and Energy
on the proposal for a regulation of the European Parliament and of the Council on guidelines for trans-European energy infrastructure and repealing Regulation (EU) No 347/2013
(COM(2020) 0824 –C9-0417/2020 - 2020/0360(COD))
Rapporteur for opinion: Paolo Borchia
AMENDMENTS
The Committee on Transport and Tourism calls on the Committee on Industry, Research and Energy, as the committee responsible, to take into account the following amendments:
Amendment 1
Proposal for a regulation
Recital 1
|
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Text proposed by the Commission |
Amendment |
(1) The Commission has set out, in its Communication of 11 December 2019 entitled ‘The European Green Deal’21 , a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. The Commission’s communication on the Climate Target Plan22 proposing to increase the greenhouse gas emissions’ reduction level to at least 55% by 2030 - an ambition that was endorsed by the European Council on 11 December 2020 - and its underlying impact assessment confirms that the energy mix of the future will be very different from the one of today and underpins the necessity to review and if necessary to revise the energy legislation. The current energy infrastructure investments are clearly insufficient to transform and build the energy infrastructure of the future. That also means infrastructure needs to be in place to support the European energy transition, including rapid electrification, scaling up of renewable electricity generation, the increased use of renewable and low-carbon gases, energy system integration and a higher uptake of innovative solutions. |
(1) The Commission has set out, in its Communication of 11 December 2019 entitled ‘The European Green Deal’21, a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. The Commission’s communication on the Climate Target Plan22 proposing to increase the greenhouse gas emissions’ reduction level to at least 55% by 2030 - an ambition that was endorsed by the European Council on 11 December 2020 - and its underlying impact assessment confirms that the energy mix of the future will be very different from the one of today and underpins the necessity to review and if necessary to revise the energy legislation. The current energy infrastructure investments are clearly insufficient to transform and build the energy infrastructure of the future. That also means infrastructure needs to be in place to evolve and adapt in order to support the European energy transition, including rapid electrification, use of hydrogen and synthetic fuels, also in the transport sector, scaling up of renewable electricity generation, the increased use of renewable and low-carbon gases, energy system integration and a higher uptake of innovative solutions. |
__________________ |
__________________ |
21 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019. |
21 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019. |
22 Commission Communication - Stepping up Europe’s 2030 climate ambition, Investing in a climate-neutral future for the benefit of our people, COM(2020) 562 final of 17 September 2020 |
22 Commission Communication - Stepping up Europe’s 2030 climate ambition, Investing in a climate-neutral future for the benefit of our people, COM(2020) 562 final of 17 September 2020 |
Amendment 2
Proposal for a regulation
Recital 2
|
|
Text proposed by the Commission |
Amendment |
(2) Following the Commission’s proposals as part of the Clean Energy for All Europeans package, an agreement was reached on a binding Union level target for renewable energy for 2030 of at least 32% of final energy consumption and a headline Union level target for energy efficiency of at least 32,5%. |
(2) Following the Commission’s proposals as part of the Clean Energy for All Europeans package, an agreement was reached on a binding Union level target for renewable energy for 2030 of at least 32% of final energy consumption and a headline Union level target for energy efficiency of at least 32,5%. These targets are due to be adapted to the new EU emission reduction target for 2030 as laid out in the Climate Law. |
Amendment 3
Proposal for a regulation
Recital 4
|
|
Text proposed by the Commission |
Amendment |
(4) Regulation (EU) No 347/2013 of the European Parliament and of the Council23 , the current TEN-E Regulation, lays down rules for the timely development and interoperability of trans-European energy networks in order to achieve the energy policy objectives of the Treaty on the Functioning of the European Union to ensure the functioning of the internal energy market, security of supply and competitive energy markets in the Union, to promote energy efficiency and energy saving and the development of new and renewable forms of energy, and to promote the interconnection of energy networks. Regulation (EU) No 347/2013 puts in place a framework for Member States and relevant stakeholders to work together in a regional setting to develop better-connected energy networks with the aim to connect regions currently isolated from European energy markets, strengthen existing cross-border interconnections, and help integrate renewable energy. By pursuing those objectives, Regulation (EU) No 347/2013 contributes to smart, sustainable and inclusive growth and brings benefits to the entire Union in terms of competitiveness and economic, social and territorial cohesion. |
(4) Regulation (EU) No 347/2013 of the European Parliament and of the Council23 , the current TEN-E Regulation, lays down rules for the timely development and interoperability of trans-European energy networks in order to achieve the energy policy objectives of the Treaty on the Functioning of the European Union to ensure the functioning of the internal energy market, security of supply and competitive energy markets in the Union, to promote modal shift, energy efficiency and energy saving and the development of new and renewable forms of energy, including in the transport sector, and to promote the interconnection of energy networks. Regulation (EU) No 347/2013 puts in place a framework for Member States and relevant stakeholders to work together in a regional setting to develop better-connected energy networks with the aim to connect regions currently isolated from European energy markets, strengthen existing cross-border interconnections, and help integrate renewable energy. By pursuing those objectives, Regulation (EU) No 347/2013 contributes to smart, sustainable and inclusive growth and brings benefits to the entire Union in terms of competitiveness and economic, social and territorial cohesion. |
__________________ |
__________________ |
23 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009, OJ L 115, 25.4.2013, p. 39–75 |
23 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009, OJ L 115, 25.4.2013, p. 39–75 |
Amendment 4
Proposal for a regulation
Recital 4 a (new)
|
|
Text proposed by the Commission |
Amendment |
|
(4 a) The European Council and Parliament have repeatedly stressed the need to strengthen electricity interconnections between Member States. These interconnections have multiple positive effects for the Union, such as more renewable energy integration capacity, increased security of supply and improved competition in the internal energy market. As part of the Clean Energy for All Europeans package, an agreement was reached on a 15 % electricity interconnection target in 2030. The Commission Communication of 23 November 2017 entitled ‘Strengthening Europe’s energy networks’ assesses progress towards achieving the 10 % interconnection target by 2020 and proposes ways to implement the 15 % target by 2030. |
Amendment 5
Proposal for a regulation
Recital 5
|
|
Text proposed by the Commission |
Amendment |
(5) The evaluation of Regulation (EU) No 347/2013 has clearly shown that the framework has effectively improved the integration of Member States’ networks, stimulated energy trade and hence contributed to the competitiveness of the Union. Projects of common interest in electricity and gas have strongly contributed to security of supply. For gas, the infrastructure is now well connected and supply resilience has improved substantially since 2013. Regional cooperation in Regional Groups and through cross-border cost allocation is an important enabler for project implementation. However, in many cases the cross-border cost allocation did not result in reducing the financing gap of the project, as intended. While the majority of permitting procedures have been shortened, in some cases the process is still long. The financial assistance from the Connecting Europe Facility (CEF) has been an important factor as grants for studies have helped projects to reduce risks in the early stages of development, while grants for works have supported projects addressing key bottlenecks that market finance could not sufficiently address. |
(5) The evaluation of Regulation (EU) No 347/2013 has clearly shown that the framework has effectively improved the integration of Member States’ networks, stimulated energy trade and hence contributed to the competitiveness of the Union. Projects of common interest in electricity and gas have strongly contributed to security of supply. Regional cooperation in Regional Groups and through cross-border cost allocation is an important enabler for project implementation. However, in many cases the cross-border cost allocation did not result in reducing the financing gap of the project, as intended. While the majority of permitting procedures have been shortened, in some cases the process is still long. The financial assistance from the Connecting Europe Facility (CEF) has been an important factor as grants for studies have helped projects to reduce risks in the early stages of development, while grants for works have supported projects addressing key bottlenecks that market finance could not sufficiently address. |
Amendment 6
Proposal for a regulation
Recital 6
|
|
Text proposed by the Commission |
Amendment |
(6) The TEN-E policy is a central instrument in the development of an internal energy market and necessary to achieve the European Green Deal objectives. To achieve climate neutrality by 2050 and higher levels of greenhouse gas emission reductions by 2030, Europe will need a more integrated energy system, relying on higher levels of electrification based on renewable sources and the decarbonisation of the gas sector. The TEN-E policy can ensure that the Union energy infrastructure development supports the required energy transition to climate neutrality in line with the energy efficiency first principle. |
(6) The TEN-E policy is a central instrument in the development of an internal energy market and necessary to achieve the European Green Deal objectives. To achieve climate neutrality by 2050 at the latest and higher levels of greenhouse gas emission reductions by 2030 in line with the Paris agreement, Europe will need a more integrated energy system, delivering energy efficiency and relying on higher levels of electrification and the use of hydrogen and synthetic fuels based on renewable sources and the decarbonisation of the gas sector. The TEN-E policy can deliver the network and innovation and transformation needed to ensure that the Union energy infrastructure development supports the required energy transition to climate neutrality in all sectors, including transport, in line with the energy efficiency first principle and including energy savings. |
Amendment 7
Proposal for a regulation
Recital 7
|
|
Text proposed by the Commission |
Amendment |
(7) While the objectives of Regulation (EU) No 347/2013 remain largely valid, the current TEN-E framework does not yet fully reflect the expected changes to the energy system that will result from the new political context and in particular the upgraded 2030 targets and the 2050 climate neutrality objective under the European Green Deal. Besides the new political context and objectives, technological development has been rapid in the past decade. That development should be taken into account in the infrastructure categories covered by this Regulation, the projects of common interest selection criteria as well as the priority corridors and thematic areas. |
(7) While the objectives of Regulation (EU) No 347/2013 remain largely valid, the current TEN-E framework does not yet fully reflect the expected changes to the energy system that will result from the new political context and in particular the upgraded 2030 targets and the 2050 climate neutrality objective under the European Green Deal, including the “do no harm” principle. Besides the new political context and objectives, technological development has been rapid in the past decade. That development should be taken into account in the infrastructure categories covered by this Regulation, the projects of common interest selection criteria as well as the priority corridors and thematic areas, while preserving the principle of technological neutrality and assessing the environmental impact and carbon footprint using the Life Cycle Assessment (LCA) methodology. Further enhancing the decarbonisation of the transport sector should become one of the criteria for the selection of projects of common interest. |
Amendment 8
Proposal for a regulation
Recital 10
|
|
Text proposed by the Commission |
Amendment |
(10) The Union’s energy infrastructure should be resilient to the unavoidable impacts that climate change is estimated to create in Europe in spite of the mitigation efforts. Hence, strengthening the efforts on climate adaptation, resilience building, disaster prevention and preparedness is crucial. |
(10) The Union’s energy infrastructure should contribute towards climate change mitigation yet also be resilient to the unavoidable impacts that climate change is estimated to create in Europe in spite of the mitigation efforts. Hence, strengthening the efforts on climate adaptation, resilience building, disaster prevention and preparedness is crucial. |
Amendment 9
Proposal for a regulation
Recital 10 a (new)
|
|
Text proposed by the Commission |
Amendment |
|
(10 a) The transport and tourism sectors are highly dependent on energy. The revised TEN-E policy should establish cross-sectoral policy synergies by supporting modal shift and infrastructure that contribute in achieving the decarbonisation and sustainability targets of these sectors; the Union’s energy infrastructure should support the full deployment of alternative clean fuels for all modes of transport, with a view to decarbonisation, including the development of relevant technologies, charging and refuelling infrastructure (i.e. e-charging facilities and LNG and hydrogen refuelling facilities), safety, security and interoperability standards; transport can furthermore be a significant facilitator of renewable energy deployment, offering demand-side flexibility and large potential for energy storage capacity. With a view to the needed further integration of the energy and transport sectors, the Union’s energy infrastructure should be rolled out in a manner that promotes the synergies and complementarity with the Trans-European Transport Network (TEN-T) and the alternative fuels infrastructure. Therefore the criteria for assessing and selecting projects of common interest and projects for mutual interest should take into account possible synergies with other networks, in particular the trans-European transport network and its cross-border infrastructure in all transport modes (road, rail, maritime, inland waterway and air transport). |
Amendment 10
Proposal for a regulation
Recital 11
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Text proposed by the Commission |
Amendment |
(11) Security of supply, as one main driver behind Regulation (EU) No 347/2013, has been significantly improved through projects of common interest. Moreover, the Commission’s climate target impact assessment27 expects the consumption of natural gas to be reduced significantly because its non-abated use is not compatible with carbon-neutrality. On the other hand, the consumption of biogas, renewable and low-carbon hydrogen and synthetic gaseous fuels will increase significantly towards 2050. Therefore, the natural gas infrastructure no longer needs support through the TEN-E policy. The planning of energy infrastructure should reflect this changing gas landscape. |
(11) Security of energy supply, as an objective of the Union’s energy policy set out in TFEU and one main driver behind Regulation (EU) No 347/2013, has been significantly improved through projects of common interest. Moreover, the Commission’s climate target impact assessment27 expects the consumption of natural gas to be reduced significantly because its non-abated use is not compatible with carbon-neutrality. On the other hand, the consumption of biogas, renewable and low-carbon hydrogen and synthetic gaseous fuels will increase significantly towards 2050, which requires appropriate infrastructure, including through adaptation or repurposing of existing infrastructure. Moreover, for certain industrial sectors and transport sectors such as maritime, aviation, and long-distance road freight transport, cost-competitive and mature large-scale technological alternatives are still lacking, and natural gas and LNG are acting as a transitional solution to reduce greenhouse gas emissions and phase-out the use of heavily pollutant fuels. |
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27 SWD(2020) 176 final |
27 SWD(2020) 176 final |
Amendment 11
Proposal for a regulation
Recital 11 a (new)
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Text proposed by the Commission |
Amendment |
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(11 a) In maritime and inland waterway transport LNG, including bio-LNG, and CNG play a role in the shorter term transition to reduce GHG emissions and shift away from more polluting fuels, delivering decarbonisation for maritime transport in the longer term depends on the mass deployment of ammonia and hydrogen, which can deliver zero carbon propulsion. |
Amendment 12
Proposal for a regulation
Recital 11 b (new)
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Text proposed by the Commission |
Amendment |
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(11 b) The revision of Regulation (EU) No 347/2013 should consider projects that might be necessary to close missing cross-border links in the interconnections between Member States in the TEN-E network and contribute to the decarbonisation objectives of the Union. |
Amendment 13
Proposal for a regulation
Recital 12
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Text proposed by the Commission |
Amendment |
(12) The importance of smart electricity grids in achieving the Union’s energy and climate policy objectives has been acknowledged in the communication from the Commission on energy system integration28 . The criteria for the category should include technological developments regarding innovation and digital aspects. Furthermore, the role of projects promoters should be clarified. Given the expected significant increase in power demand from the transport sector, in particular for electric vehicles along highways and in urban areas, smart grid technologies should also help to improve energy network related support for cross border high capacity recharging to support the decarbonisation of the transport sector. |
(12) The importance of smart electricity grids in achieving the Union’s energy and climate policy objectives has been acknowledged in the communication from the Commission on energy system integration28. The criteria for the category should include technological developments regarding innovation and digital aspects. Furthermore, the role of projects promoters should be clarified. Given the expected significant increase in power demand from the transport sector, in particular for e-mobility along highways and in urban areas, smart grid technologies, as well as urgently needed standards for charging and means of payment, should also help to improve energy network related support for cross border high capacity recharging to support the decarbonisation of the transport sector and to enhance the use of electric vehicles in line with the energy first principle, and of alternative fuels, while ensuring a gradual and fair transition for certain transport sectors where viable technological alternatives are not available yet, and while preserving the competitiveness of the European energy system; In this respect, electricity highways and alternative fuels corridors should also be prioritised as part of power system modernisation to avoid grid congestion; E-mobility and bi-directional batteries enable peak shifting and demand response, which supports the integration of renewable energy in a cost-efficient way and requires less generation capacity and infrastructure. |
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28 COM(2020) 299 final |
28 COM(2020) 299 final |
Amendment 14
Proposal for a regulation
Recital 12 a (new)
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Text proposed by the Commission |
Amendment |
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(12 a) Rapid deployment of the necessary electricity grid connections for efficient and high-capacity charging of electric vehicles should be prioritised along the core network corridors and in the overall TEN-T network. To enable sector integration, including demand response supporting cost-efficient integration of renewable energy, and to acknowledge changes in consumer behaviour and increase the demand for green transport, charging infrastructure for electric vehicles should be eligible for the PCI Status; |
Amendment 15
Proposal for a regulation
Recital 13
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Text proposed by the Commission |
Amendment |
(13) The Commission’s communication on energy system integration underlines the need for integrated energy infrastructure planning across energy carriers, infrastructures, and consumption sectors. Such system integration starts from the point of departure of applying the energy efficiency first principle and taking a holistic approach beyond individual sectors. It also addresses the decarbonisation needs of the hard to abate sectors, such as parts of industry or certain modes of transport, where direct electrification is, currently, technically or economically challenging. Such investments include hydrogen and electrolysers, which are progressing towards commercial large-scale deployment. The Commission’s Hydrogen Strategy gives priority to hydrogen production from renewable electricity, which is the cleanest solution and is most compatible with the EU climate neutrality objective. In a transitional phase however, other forms of low-carbon hydrogen are needed to more rapidly replace existing hydrogen and kick-start an economy of scale. |
(13) The Commission’s communication on energy system integration underlines the need for integrated energy infrastructure planning across energy carriers, infrastructures, and consumption sectors. Such system integration starts from the point of departure of applying the energy efficiency first principle and taking a holistic approach beyond individual sectors. It also addresses the decarbonisation needs of the hard to abate sectors, such as parts of industry or certain modes of transport, such as aviation and maritime transport, where direct electrification is technically or economically challenging and support is still needed for transitional solutions. Such investments include sustainable hydrogen and electrolysers, which are progressing towards commercial large-scale deployment. The Commission’s Hydrogen Strategy gives priority to hydrogen production from renewable electricity, which is the cleanest solution and is most compatible with the EU climate neutrality objective. To this end, offshore energy hubs will play a significant role in utilising the energy generated by the expansion of offshore energy sources to produce the necessary additional renewable energy. In a transitional phase however, other forms of low-carbon hydrogen are needed to more rapidly replace existing hydrogen and kick-start an economy of scale. |
Amendment 16
Proposal for a regulation
Recital 14
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Text proposed by the Commission |
Amendment |
(14) Moreover, the Commission’s Hydrogen Strategy29 concluded that for the required deployment of hydrogen a large-scale infrastructure network is an important element that only the Union and the single market can offer. There is currently very limited dedicated infrastructure in place to transport and trade hydrogen across borders. Such should consist of a significant extent of assets converted from natural gas, complemented by new assets dedicated to hydrogen. Furthermore, the Hydrogen Strategy sets a strategic goal to increase installed electrolyser capacity to 40 GW by 2030 in order to scale up the production of renewable hydrogen and facilitate the decarbonisation of fossil-fuel dependent sectors, such as industry or transport. Therefore, the TEN-E policy should include new and repurposed hydrogen transmission infrastructure and storage as well as electrolyser facilities. Hydrogen transmission and storage infrastructure should also be included in the Union-wide ten-year network development plan so as to allow a comprehensive and consistent assessment of their costs and benefits for the energy system, including their contribution to sector integration and decarbonisation, with the aim of creating a hydrogen backbone for the Union. |
(14) Moreover, the Commission’s Hydrogen Strategy29 concluded that for the required deployment of hydrogen a large-scale infrastructure network is an important element that only the Union and the single market can offer. There is currently very limited dedicated infrastructure in place to transport and trade hydrogen across borders. Such should consist of a significant extent of assets converted from natural gas, complemented by new assets dedicated to hydrogen. In addition, new opportunities for cooperation on hydrogen deployment with neighbouring countries and regions and a special attention to the countries in the process of accession to the European Union should be actively promoted. Furthermore, the Hydrogen Strategy sets a strategic goal to increase installed electrolyser capacity to 40 GW by 2030 in order to scale up the production of renewable hydrogen and facilitate the decarbonisation of fossil-fuel dependent sectors, such as industry or long-haul and heavy duty transport. Therefore, the TEN-E policy should include new and repurposed hydrogen transmission infrastructure, while allowing for temporary blending solutions to reduce greenhouse gas emissions, provided it fully complies with interoperability, and storage as well as electrolyser facilities. Hydrogen transmission and storage infrastructure should also be included in the Union-wide ten-year network development plan so as to allow a comprehensive and consistent assessment of their costs and benefits for the energy system, including their contribution to sector integration and decarbonisation, with the aim of creating a hydrogen backbone for the Union. In doing so, the Union should ensure a level playing field and safeguard the EU industry’s competitiveness, while envisaging a "preparatory phase" through research and pilot projects, aiming at the development of a mature and stable market for hydrogen. |
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29 A hydrogen strategy for a climate-neutral Europe, COM(2020) 301 final. |
29 A hydrogen strategy for a climate-neutral Europe, COM(2020) 301 final. |
Amendment 17
Proposal for a regulation
Recital 15
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Text proposed by the Commission |
Amendment |
(15) Moreover, a new infrastructure category should be created for smart gas grids to support investments which integrate renewable and low carbon gases such as biogas, biomethane, and hydrogen, in the network and help manage a resulting more complex system, building on innovative digital technologies. |
(15) Moreover, a new infrastructure category should be created for smart gas grids to support investments which integrate renewable and low carbon gases such as sustainable second generation biogas, biomethane, and hydrogen, in the network and help manage a resulting more complex system, building on innovative digital technologies. |
Amendment 18
Proposal for a regulation
Recital 16
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Text proposed by the Commission |
Amendment |
(16) Regulation (EU) No 347/2013 requires a candidate project of common interest to prove a significant contribution to at least one criterion from a set of criteria in the process for the elaboration of the Union list, which may, but does not need to, include sustainability. That requirement, in line with the specific needs of the internal energy market at the time, enabled development of projects of common interest which addressed only security of supply risks even if they did not demonstrate benefits in terms of sustainability. However, given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which “Union expenditure should be consistent with Paris Agreement objectives and the "do no harm" principle of the European Green Deal, sustainability in terms of the integration of renewable energy sources into the grid or the reduction of greenhouse gas emissions, as relevant, should be assessed in order to ensure that TEN-E policy is coherent with energy and climate policy objectives of the Union. The sustainability of CO2 transport networks is addressed by their purpose to transport carbon dioxide. |
(16) Regulation (EU) No 347/2013 requires a candidate project of common interest to prove a significant contribution to at least one criterion from a set of criteria in the process for the elaboration of the Union list, which may, but does not need to, include sustainability. That requirement, in line with the specific needs of the internal energy market at the time, enabled development of projects of common interest which addressed only security of supply risks even if they did not demonstrate benefits in terms of sustainability. However, given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which “Union expenditure should be consistent with Paris Agreement objectives and the "do no harm" principle of the European Green Deal, sustainability of projects in terms of the integration of renewable energy sources into the grid or the reduction of greenhouse gas emissions, as relevant, should be assessed in order to ensure that TEN-E policy is coherent with energy, climate and environmental policy objectives of the Union while taking into account the specificities of each Member States. The assessment of projects should ascertain therefore in particular that projects are consistent with the Union’s decarbonisation objectives, including by making a significant contribution to the Union’s climate targets and by following the 'energy efficiency first' and ‘do no harm’ principles. Project promoters should demonstrate the use of energy efficiency approaches to technology, and operation of the network in design, development and delivery of projects. The sustainability of CO2 transport networks is addressed by their purpose to capture, utilise, store and transport carbon dioxide. |
Amendment 19
Proposal for a regulation
Recital 18
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Text proposed by the Commission |
Amendment |
(18) Furthermore, to achieve the Union’s 2030 and 2050 climate and energy targets and climate neutrality objective, Europe needs to significantly scale up renewable electricity generation. The existing infrastructure categories for electricity transmission and storage are crucial for the integration of the significant increase in renewable electricity generation in the power grid. In addition, that requires stepping up investment in offshore renewable energy30 . Coordinating long-term planning and development of offshore and onshore electricity grids should also be addressed. In particular, offshore infrastructure planning should move away from the project-by-project approach towards a coordinated comprehensive approach ensuring the sustainable development of integrated offshore grids in line with the offshore renewable potential of each sea basin, environmental protection and other uses of the sea. |
(18) Furthermore, to achieve the Union’s 2030 and 2050 climate and energy targets and climate neutrality objective, Europe needs to significantly scale up renewable electricity generation, also in islands and outermost regions. The existing infrastructure categories for electricity transmission and storage are crucial for the integration of the significant increase in renewable electricity generation in the power grid. In addition, that requires stepping up investment in offshore renewable energy and offshore energy hubs30, which will enable a scale-up of power-to-x infrastructure required for the decarbonisation of sectors such as aviation and maritime transport and phase out the use of heavily pollutant fuels. Coordinating long-term planning and development of offshore and onshore electricity grids should also be addressed. In particular, offshore infrastructure planning should move away from the project-by-project approach towards a coordinated comprehensive approach ensuring the sustainable development of integrated offshore grids in line with the offshore renewable potential of designated sea basins and taking due account of environmental protection and other uses of the sea. |
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30 Offshore Strategy Communication |
30 Offshore Strategy Communication |
Amendment 20
Proposal for a regulation
Recital 23
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Text proposed by the Commission |
Amendment |
(23) Following close consultations with all Member States and stakeholders, the Commission has identified 13 strategic trans-European energy infrastructure priorities, the implementation of which is essential for the achievement of the Union’s 2030 and 2050 energy and climate policy targets. Those priorities cover different geographic regions or thematic areas in the field of electricity transmission and storage, offshore grids for renewable energy, hydrogen transmission and storage, electrolysers, smart gas grids, smart electricity grids, and carbon dioxide transport. |
(23) Following close consultations with all Member States and stakeholders, the Commission has identified 13 strategic trans-European energy infrastructure priorities, the implementation of which is essential for the achievement of the Union’s 2030 and 2050 energy and climate policy targets. Those priorities cover different geographic regions or thematic areas in the field of electricity transmission and storage, offshore grids for renewable energy, hydrogen transmission and storage, electrolysers, smart gas grids, smart electricity grids, and carbon dioxide capture, utilisation, storage and transport. |
Amendment 21
Proposal for a regulation
Recital 29
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|
Text proposed by the Commission |
Amendment |
(29) The planning and implementation of Union projects of common interest in the areas of energy, transport and telecommunication infrastructure should be coordinated to generate synergies whenever it is feasible from an overall economic, technical, environmental, climate or spatial planning point of view and with due regard to the relevant safety aspects. Thus, during the planning of the the various European networks, it should be possible to give preference to integrating transport, communication and energy networks in order to ensure that as little land as possible is taken up, whilst ensuring, where possible, that existing or disused routes are reused, in order to reduce to a minimum any negative social, economic, environmental, climate and financial impact. |
(29) The planning and implementation of Union projects of common interest in the areas of energy, transport and telecommunication infrastructure should be coordinated to generate synergies whenever it is feasible from an overall economic, technical, environmental, climate and spatial planning point of view and with due regard to the relevant safety aspects, the energy efficiency first and the “do no harm” principles. Thus, during the planning of the various European networks, it should be possible to give preference to integrating transport, communication and energy networks in order to ensure that as little land as possible is taken up, whilst ensuring, where possible, that existing or disused routes are reused, in order to reduce to a minimum any negative social, economic, environmental, climate and financial impact. In particular, projects of common interest should be assessed in terms of their synergies with the Trans European Transport Network to maximise impact. |
Amendment 22
Proposal for a regulation
Recital 33 a (new)
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Text proposed by the Commission |
Amendment |
|
(33 a) TEN-E infrastructure projects that concern two or more Member States face particular challenges as regards the coordination of permit granting procedures. Therefore, the national competent authorities of the Member States concerned should cooperate in order to coordinate their timetables and to agree on a joint schedule concerning the permit-granting procedure. For TEN-E infrastructure cross-border projects of common interest, Member States concerned may establish by mutual agreement a joint authority in order to facilitate the permit-granting procedures. In that case, Member States may empower their competent authority to establish a joint competent authority; |
Amendment 23
Proposal for a regulation
Article 1 – paragraph 1
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|
Text proposed by the Commission |
Amendment |
1. This Regulation lays down guidelines for the timely development and interoperability of the priority corridors and areas of trans-European energy infrastructure set out in Annex I (‘energy infrastructure priority corridors and areas’) that contribute to the Union’s 2030 climate and energy targets and the climate neutrality objective by 2050. |
1. This Regulation lays down guidelines for the timely development and interoperability of the priority corridors and areas of trans-European energy infrastructure set out in Annex I (‘energy infrastructure priority corridors and areas’) that contribute to the Union’s 2030 climate and energy targets, as set in article 2(11) of Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action, and the climate neutrality objective by 2050 at the latest, in line with the energy efficiency first and the “do no significant harm” principles. |
Amendment 24
Proposal for a regulation
Article 1 – paragraph 2 – point a
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Text proposed by the Commission |
Amendment |
(a) addresses the identification of projects of common interest necessary to implement priority corridors and areas falling under the energy infrastructure categories in electricity, smart gas grids, hydrogen, electrolysers, and carbon dioxide set out in Annex II (‘energy infrastructure categories’); |
(a) addresses the identification of projects of common interest necessary to implement priority corridors and areas falling under the energy infrastructure categories in electricity, smart gas grids, hydrogen, electrolysers, and carbon dioxide set out in Annex II (‘energy infrastructure categories’), without prejudice to the principle of technological neutrality; |
Amendment 25
Proposal for a regulation
Article 1 – paragraph 2 – point b
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Text proposed by the Commission |
Amendment |
(b) facilitates the timely implementation of projects of common interest by streamlining, coordinating more closely, and accelerating permit granting processes and by enhancing public participation; |
(b) facilitates the timely implementation of projects of common interest by streamlining, coordinating more closely, and accelerating permit granting processes and by enhancing public participation at national level and across borders; |
Amendment 26
Proposal for a regulation
Article 2 – paragraph 1 – point 8
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Text proposed by the Commission |
Amendment |
(8) ‘smart electricity grid’ means an electricity network where the grid operator can digitally monitor the actions of the users connected to it, and information and communication technologies (ICT) for communicating with related grid operators, generators, consumers and/or prosumers, with a view to transmitting electricity in a sustainable, cost-efficient and secure way; |
(8) ‘smart electricity grid’ means an electricity network where the grid operator can digitally monitor the actions of the users connected to it, and information and communication technologies (ICT) for communicating with related grid operators, generators, consumers and/or prosumers and mobility, with a view to transmitting electricity in a sustainable, cost-efficient and secure way; |
Amendment 27
Proposal for a regulation
Article 2 – paragraph 1 – point 9
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Text proposed by the Commission |
Amendment |
(9) ‘smart gas grid’ means a gas network that makes use of innovative digital solutions to integrate in a cost efficient manner a plurality of low-carbon and renewable gas sources in accordance with consumers’ needs and gas quality requirements in order to reduce the carbon footprint of the related gas consumption, enable an increased share of renewable and low-carbon gases, and create links with other energy carriers and sectors; |
(9) ‘smart gas grid’ means a gas network that makes use of innovative digital solutions to integrate in a cost efficient manner a plurality of low-carbon and renewable gas sources in accordance with consumers’ needs, including mobility, and gas quality requirements in order to reduce the carbon footprint of the related gas consumption, enable an increased share of renewable and low-carbon gases, and create links with other energy carriers and sectors thereby providing strengthened security of supply and flexibility to the energy system; |
Amendment 28
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
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Text proposed by the Commission |
Amendment |
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(10 a) 'Joint competent authority' means an authority which may be established by mutual agreement between two or more Member States to facilitate the permit-granting procedures related to cross-border projects. In that case, Member States may empower their competent authority to establish a joint authority; |
Amendment 29
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
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Text proposed by the Commission |
Amendment |
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(16 a) 'interoperability' means all the regulatory, technical and operational conditions, requirements or characteristics of the energy infrastructure to allow safe and uninterrupted energy flows, as well as to achieve the required levels of performance along the European energy network; |
Amendment 30
Proposal for a regulation
Article 2 – paragraph 1 – point 16 b (new)
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Text proposed by the Commission |
Amendment |
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(16 b) 'multimodal transport hubs' are places designed for the integration and interoperability of different modes of transport for both passengers and freight, thereby contributing to the realisation of the shift towards a multimodal transport system that is sustainable and energy-efficient; |
Amendment 31
Proposal for a regulation
Article 3 – paragraph 2
|
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Text proposed by the Commission |
Amendment |
2. Each Group shall adopt its own rules of procedure, having regard to the provisions set out in Annex III. |
2. Each Group shall adopt its own rules of procedure, having regard to the provisions set out in Annex III, which shall also include rules regarding the prevention of any conflict of interest and the application of the principle of transparency. |
Amendment 32
Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii a (new)
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Text proposed by the Commission |
Amendment |
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(ii a) is located on the territory of one Member State, on islands non sufficiently connected to the trans-European energy networks, falling under the definition of small connected systems or isolated systems according to Directive 2019/944; |
Amendment 33
Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii b (new)
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Text proposed by the Commission |
Amendment |
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(ii b) enhances the decarbonisation of the transport sector, such as by supporting the introduction of propulsion systems using alternative clean fuels, including supply systems, and providing corresponding infrastructure, taking into account possible synergies with other networks, in particular the trans-European transport network; |
Amendment 34
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
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Text proposed by the Commission |
Amendment |
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(c a) the project is consistent with the Union’s decarbonisation objectives, contributing, as relevant, to the Union’s 2030 climate and energy targets, as set in article 2(11) of Regulation (EU) on the Governance of the Energy Union and Climate Action, and to the climate neutrality objective by 2050. |
Amendment 35
Proposal for a regulation
Article 4 – paragraph 2 – point a
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Text proposed by the Commission |
Amendment |
(a) the project contributes significantly to the decarbonisation objectives of the Union and those of the third country and to sustainability, including through the integration of renewable energy into the grid and the transmission of renewable generation to major consumption centres and storage sites, and; |
(a) the project contributes significantly to the decarbonisation objectives, including in the transport sector, of the Union and those of the third country and to sustainability, including through the integration of renewable energy into the grid and the transmission of renewable generation to major consumption centres and storage sites, including by enhancing cooperation on sustainable energy technologies including hydrogen with third countries to boost sustainable growth and development, promote EU standards and regulations and the deployment of new infrastructure, in particular refuelling and charging networks, and; |
Amendment 36
Proposal for a regulation
Article 4 – paragraph 2 – point f a (new)
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Text proposed by the Commission |
Amendment |
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(f a) special attention is paid to European Union neighbouring countries and particularly, countries in the process of accession in view of accelerating the regulatory alignment, the application of relevant rules and extending the infrastructure network as means to expand the external dimension of the European Green Deal; |
Amendment 37
Proposal for a regulation
Article 4 – paragraph 3 – point a – point i
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Text proposed by the Commission |
Amendment |
(i) market integration, including through lifting the isolation of at least one Member State and reducing energy infrastructure bottlenecks; competition and system flexibility; |
(i) market integration, by increasing the level of interconnection between Member States, reducing energy infrastructure bottlenecks, increasing competition and system flexibility; |
Amendment 38
Proposal for a regulation
Article 4 – paragraph 3 – point a – point ii
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Text proposed by the Commission |
Amendment |
(ii) security of supply, including through interoperability, system flexibility, cybersecurity, appropriate connections and secure and reliable system operation. |
(ii) security of supply, including through interoperability, system flexibility, cybersecurity, increased energy efficiency, appropriate connections and secure and reliable system operation. |
Amendment 39
Proposal for a regulation
Article 4 – paragraph 3 – point b – point iii a (new)
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Text proposed by the Commission |
Amendment |
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(iii a) sector integration, through the improvement of the interaction of different energy vectors or energy sectors, for instance through the increase of cross-sectoral synergies and coordination between energy, transport and telecommunication; |
Amendment 40
Proposal for a regulation
Article 4 – paragraph 3 – point c – introductory part
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Text proposed by the Commission |
Amendment |
(c) for carbon dioxide transport projects falling under the energy infrastructure categories set out in point (5) of Annex II, the project is to contribute significantly to all of the following specific criteria: |
(c) for carbon dioxide capture, utilisation, storage and transport projects falling under the energy infrastructure categories set out in point (5) of Annex II, the project is to contribute significantly to all of the following specific criteria: |
Amendment 41
Proposal for a regulation
Article 4 – paragraph 3 – point c – point ii
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Text proposed by the Commission |
Amendment |
(ii) increase the resilience and security of carbon dioxide transport; |
(ii) increase the resilience and security of carbon dioxide capture, utilisation, storage and transport; |
Amendment 42
Proposal for a regulation
Article 4 – paragraph 3 – point d – introductory part
|
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Text proposed by the Commission |
Amendment |
(d) for hydrogen projects falling under the energy infrastructure categories set out in point (3) of Annex II the project is to contribute significantly to sustainability, including by reducing greenhouse gas emissions, by enhancing the deployment of renewable hydrogen and supporting variable renewable power generation by offering flexibility and/or storage solutions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria: |
(d) for new and repurposed hydrogen projects falling under the energy infrastructure categories set out in point (3) of Annex II the project is to contribute significantly to sustainability, including by reducing greenhouse gas emissions, by enhancing the deployment of renewable and low-carbon hydrogen and supporting variable renewable power generation and system-wide security of supply by offering flexibility and/or storage solutions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria: |
Amendment 43
Proposal for a regulation
Article 4 – paragraph 3 – point d – point i
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Text proposed by the Commission |
Amendment |
(i) market integration, including by connecting existing or emerging hydrogen networks of Member States, or otherwise contributing to the emergence of an Union-wide network for the transport and storage of hydrogen, and ensuring interoperability of connected systems; |
(i) market integration, including by connecting existing or emerging hydrogen networks of Member States, or otherwise contributing to the emergence of an Union-wide network for the transport, distribution and storage of hydrogen, or for the fuel supply to hydrogen powered mobility, or hydrogen-based synthetic fuels and ensuring interoperability of connected systems; |
Amendment 44
Proposal for a regulation
Article 4 – paragraph 3 – point e – introductory part
|
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Text proposed by the Commission |
Amendment |
(e) for electrolysers falling under the category set out in point (4) of Annex II, the project is to contribute significantly to all of the following specific criteria: |
(e) for electrolysers and power-to-x technologies falling under the categories set out in point (4) of Annex II, the project is to contribute significantly to all of the following specific criteria: |
Amendment 45
Proposal for a regulation
Article 4 – paragraph 3 – point e – point i
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Text proposed by the Commission |
Amendment |
(i) sustainability, including by reducing greenhouse gas emissions and enhancing the deployment of renewable hydrogen. |
(i) sustainability, including by reducing greenhouse gas emissions and enhancing the deployment of renewable hydrogen or synthetic fuels. |
Amendment 46
Proposal for a regulation
Article 4 – paragraph 3 – point e – point iii
|
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Text proposed by the Commission |
Amendment |
(iii) facilitating smart energy sector integration through linking different energy carriers and sectors. |
(iii) facilitating smart energy sector integration through linking different energy carriers and sectors, enabling flexibility services such as demand response and storage. |
Amendment 47
Proposal for a regulation
Article 4 – paragraph 3 – point f – introductory part
|
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Text proposed by the Commission |
Amendment |
(f) for smart gas grid projects falling under the energy infrastructure category set out in point (2) of Annex II, the project is to contribute significantly to sustainability by enabling and facilitating the integration of renewable and low-carbon gases, such as biomethane, or renewable hydrogen, into the gas distribution and transmission networks in order to reduce greenhouse gas emissions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria: |
(f) for smart gas grid projects falling under the energy infrastructure category set out in point (2) of Annex II, the project is to contribute significantly to sustainability by enabling and facilitating the integration of a plurality of renewable and low-carbon gases, such as biomethane, synthetic methane or hydrogen, into the gas distribution and transmission networks, in full respect of interoperability, in order to reduce greenhouse gas emissions and/or to contribute significantly to the decarbonisation of sectors for which viable technological alternatives are not available yet. Furthermore, the project is to contribute significantly to at least one of the following specific criteria: |
Amendment 48
Proposal for a regulation
Article 4 – paragraph 3 – point f – point i
|
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Text proposed by the Commission |
Amendment |
(i) network security and quality of supply by improving the efficiency and interoperability of gas transmission and distribution in day-to-day network operation by, among others, addressing challenges resulting from the injection of gases of different qualities through the deployment of innovative technologies and cybersecurity; |
(i) network security and quality of supply by improving the efficiency and interoperability of gas transmission and distribution in day-to-day network operation by, among others, addressing challenges resulting from the injection of gases of different qualities through the deployment of innovative technologies and cybersecurity, by ensuring security of supply and promoting the use of renewable and low carbon energy sources and propulsions systems which reduce pollution; |
Amendment 49
Proposal for a regulation
Article 4 – paragraph 3 – point f – point iii a (new)
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Text proposed by the Commission |
Amendment |
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(iii a) introduction of new technologies and innovation for the promotion of energy-efficient systems and alternative clean fuels. |
Amendment 50
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2 – point b
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Text proposed by the Commission |
Amendment |
(b) complementarity with regard to other proposed projects; |
(b) the impact of other proposed projects, which may be complementary, competing with or potentially competing with the project under assessment; |
Amendment 51
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2 – point b a (new)
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Text proposed by the Commission |
Amendment |
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(b a) the synergies that each proposed project creates between energy infrastructure and the decarbonisation targets of transport and tourism sectors, and possible synergies of proposed projects with other networks, including inter alia the trans-European transport network and alternative fuels infrastructure; |
Amendment 52
Proposal for a regulation
Article 5 – paragraph 9
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Text proposed by the Commission |
Amendment |
9. Projects which are no longer on the Union list shall lose all rights and obligations linked to the status of project of common interest arising from this Regulation. |
9. Projects which are no longer on the Union list shall lose all rights and obligations linked to the status of project of common interest arising from this Regulation. |
However, a project which is no longer on the Union list but for which an application file has been accepted for examination by the competent authority shall maintain the rights and obligations arising from Chapter III, except where the project is no longer on the list for the reasons set out in paragraph 8. |
However, a project which is no longer on the Union list but for which an application file has been accepted for examination by the competent authority shall maintain the rights and obligations arising from Chapter III, except where the project is no longer on the list for the reasons set out in paragraph 8. |
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A project that has been granted PCI status under Regulation EU 347/2013 may be confirmed the rights and obligations arising from Chapter III provided that it is necessary to close missing cross-border links in the interconnections between Member States and it contributes to the decarbonisation objectives of the Union, including through the integration of renewable energy. |
Amendment 53
Proposal for a regulation
Article 6 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. Where a project of common interest encounters significant implementation difficulties, the Commission may designate, in agreement with the Member States concerned, a European coordinator for a period of up to one year renewable twice. |
1. Where a project of common interest encounters significant implementation difficulties and delays, the Commission shall designate, in agreement with the Member States concerned, a European coordinator for a period of up to one year renewable twice. |
Amendment 54
Proposal for a regulation
Article 7 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. For the purpose of ensuring efficient administrative processing of the application files related to projects of common interest, project promoters and all authorities concerned shall ensure that those files are treated in the most rapid way possible. |
2. For the purpose of ensuring efficient administrative processing of the application files related to projects of common interest, project promoters and all authorities concerned shall ensure that those files are given priority of treatment. |
Amendment 55
Proposal for a regulation
Article 7 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. Without prejudice to obligations resulting from Union law, where such status exists in national law, projects of common interest shall be granted the status of the highest national significance possible and be appropriately treated in the permit granting processes — and if national law so provides, in spatial planning — including those relating to environmental assessments, in the manner such treatment is provided for in national law applicable to the corresponding type of energy infrastructure. |
3. Without prejudice to obligations resulting from Union law, where such status exists in national law, projects of common interest shall be granted the status of the highest national significance possible and be appropriately treated in the permit granting processes — and if national law so provides, in spatial planning — including those relating to environmental assessments, in the manner such treatment is provided for in national law applicable to the corresponding type of energy infrastructure and without prejudice to the full and coherent application of relevant Union environmental legislation. |
Amendment 56
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
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Text proposed by the Commission |
Amendment |
Provided that all the conditions set out in these Directives are fulfilled, with regard to the environmental impacts addressed in Article 6(4) of Directive 92/43/EEC and Article 4(7) of Directive 2000/60/EC, projects of common interest shall be considered as being of public interest from an energy policy perspective, and may be considered as having an overriding public interest. |
Provided that all the conditions set out in these Directives are fulfilled, with regard to the environmental impacts addressed in Article 6(4) of Directive 92/43/EEC and Article 4(7) of Directive 2000/60/EC, projects of common interest shall be considered as being of public interest from an energy policy perspective, and shall be considered as having an overriding public interest. |
Amendment 57
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2
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Text proposed by the Commission |
Amendment |
The competence of the authorities concerned could either be incorporated into the competence of the national competent authority designated in line with Article 8(1) or they would maintain, to a certain extent, their independent competence in line with the respective permitting scheme chosen by the Member State in line with this paragraph to facilitate the issuing of the comprehensive decision and cooperate with the national competent authority accordingly. |
delete |
Amendment 58
Proposal for a regulation
Article 8 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. Where a project of common interest requires decisions to be taken in two or more Member States, the respective competent authorities shall take all necessary steps for efficient and effective cooperation and coordination among themselves, including the steps referred to in Article 10(5). Member States shall endeavour to provide joint procedures, particularly with regard to the assessment of environmental impacts. |
5. Where a project of common interest requires decisions to be taken in two or more Member States, the respective competent authorities shall take all necessary steps for efficient and effective cooperation and coordination among themselves, including the steps referred to in Article 10(5). Member States shall ensure that their respective national competent authorities provide joint procedures, particularly with regard to the assessment of environmental impacts, and coordinate their timetables and agree on a joint schedule concerning the permit-granting procedure. |
Amendment 59
Proposal for a regulation
Article 8 – paragraph 5 a (new)
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Text proposed by the Commission |
Amendment |
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5 a. For cross-border projects of common interest, a joint competent authority, as defined in Article 2 paragraph (10)a new, may be established. |
Amendment 60
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
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Text proposed by the Commission |
Amendment |
The project promoter shall, within an indicative period of three months following the start of the permit granting process pursuant to Article 10(1)(a), draw up and submit a concept for public participation to the competent authority, following the process outlined in the manual referred to in paragraph 1 and in line with the guidelines set out in Annex VI. The competent authority shall request modifications or approve the concept for public participation within three months of receipt. In so doing, the competent authority shall take into consideration any form of public participation and consultation that took place before the start of the permit granting process, to the extent that such public participation and consultation has fulfilled the requirements of this Article. |
The project promoter shall, within an indicative period of three months following the start of the permit granting process pursuant to Article 10(1)(a), draw up and submit a concept for public participation to the competent authority, following the process outlined in the manual referred to in paragraph 1 and in line with the guidelines set out in Annex VI. The competent authority, or, where appropriate to the joint competent authority, shall request modifications or approve the concept for public participation within three months of receipt. In so doing, the competent authority shall take into consideration any form of public participation and consultation that took place before the start of the permit granting process, to the extent that such public participation and consultation has fulfilled the requirements of this Article. |
Amendment 61
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
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Text proposed by the Commission |
Amendment |
Where the project promoter intends to make significant changes to an approved concept, it shall inform the competent authority thereof. In that case the competent authority may request modifications. |
Where the project promoter intends to make significant changes to an approved concept, it shall inform the competent authority, or where appropriate the joint competent authority, thereof. In that case the competent authority may request modifications. |
Amendment 62
Proposal for a regulation
Article 9 – paragraph 7 – subparagraph 1
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Text proposed by the Commission |
Amendment |
The project promoter shall establish and regularly update a dedicated project website with relevant information about the project of common interest, which shall be linked to the Commission website and the transparency platform referred to in Article 23 and which shall meet the requirements specified in point (6) of Annex VI. Commercially sensitive information shall be kept confidential. |
The project promoter shall establish and regularly update a dedicated project website with relevant information about the project of common interest, including the implementation plan referred to in Article 5(1), which shall be linked to the Commission website and the transparency platform referred to in Article 23 and which shall meet the requirements specified in point (6) of Annex VI. Commercially sensitive information shall be kept confidential. |
Amendment 63
Proposal for a regulation
Article 10 – paragraph 5 – point b – subparagraph 2
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Text proposed by the Commission |
Amendment |
For cross-border projects involving two or more Member States, the competent authorities of the Member States concerned shall coordinate to prepare a joint schedule, in which they align their timetables; |
For cross-border projects involving two or more Member States, a joint competent authority, as defined in Article 2 paragraph (10)a new, may be established or the competent authorities of the Member States concerned shall prepare a joint schedule, in which they align their timetables; |
Amendment 64
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 3
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Text proposed by the Commission |
Amendment |
Prior to submitting their respective methodologies, the ENTSO for Electricity and the ENTSO for Gas shall conduct an extensive consultation process involving at least the organisations representing all relevant stakeholders, including the entity of distribution system operators in the Union (‘EU DSO entity’), all relevant hydrogen stakeholders and, where it is deemed appropriate the national regulatory authorities and other national authorities. |
Prior to submitting their respective methodologies, the ENTSO for Electricity and the ENTSO for Gas shall conduct an extensive consultation process involving at least the organisations representing all relevant stakeholders, including the entity of distribution system operators in the Union (‘EU DSO entity’), all relevant hydrogen, mobility and demand response stakeholders, and, where it is deemed appropriate the national regulatory authorities and other national authorities. |
Amendment 65
Proposal for a regulation
Article 11 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. Within three months of the receipt of the methodologies together with the input received in the consultation process and a report on how it was taken into account, the Agency shall provide an opinion to the ENTSO for Electricity, the ENTSO for Gas, the Member States, and the Commission and publish it on the Agency’s website. |
2. Within three months of the receipt of the methodologies together with the input received in the consultation process and a report on how it was taken into account, the Agency shall provide an opinion, for due consideration, to the ENTSO for Electricity, the ENTSO for Gas, the Member States, and the Commission and publish it on the Agency’s website. |
Amendment 66
Proposal for a regulation
Article 11 – paragraph 10
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Text proposed by the Commission |
Amendment |
10. Every three years, the Agency shall establish and make publicly available a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the infrastructure categories included in points (1) and (3) of Annex II. Those reference values may be used by the ENTSO for Electricity and the ENTSO for Gas for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. The first of such indicators shall be published by [1 November 2022]. |
10. Every three years, the Agency shall establish and make publicly available a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the infrastructure categories and, where relevant, possible alternatives, such as flexibility measures or sector coupling projects, included in points (1) and (3) of Annex II. Those reference values may be used by the ENTSO for Electricity and the ENTSO for Gas for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. The first of such indicators shall be published by [1 November 2022]. |
Amendment 67
Proposal for a regulation
Article 11 – paragraph 11
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Text proposed by the Commission |
Amendment |
11. By [31 December 2023], the ENTSO for Electricity and the ENTSO for Gas shall jointly submit to the Commission and the Agency a consistent and interlinked energy market and network model including electricity, gas and hydrogen transmission infrastructure as well as storage, LNG and electrolysers, covering the energy infrastructure priority corridors and the areas drawn up in line with the principles laid down in Annex V. |
11. By [31 December 2023], the ENTSO for Electricity and the ENTSO for Gas shall jointly submit to the Commission and the Agency a consistent and interlinked energy market and network model including electricity, gas and hydrogen transmission infrastructure as well as storage, heat, LNG and electrolysers, covering the energy infrastructure priority corridors and the areas drawn up in line with the principles laid down in Annex V. |
Amendment 68
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
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Text proposed by the Commission |
Amendment |
By [31 July 2022], the Agency, after having conducted an extensive consultation process involving the Commission and at least the organisations representing all relevant stakeholders, including the ENTSO for Electricity, the ENTSO for Gas, Union DSO entity, and relevant hydrogen sector stakeholders, shall publish the framework guidelines for the joint scenarios to be developed by ENTSO for Electricity and ENTSO for Gas. Those guidelines shall be regularly updated as found necessary. |
By [31 July 2022], the Agency, after having conducted an extensive consultation process involving the Commission and at least the organisations representing all relevant stakeholders, including the ENTSO for Electricity, the ENTSO for Gas, Union DSO entity, relevant hydrogen, mobility and demand response sector stakeholders, shall publish the framework guidelines for the joint scenarios to be developed by ENTSO for Electricity and ENTSO for Gas. Those guidelines shall be regularly updated as found necessary. |
Amendment 69
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2
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Text proposed by the Commission |
Amendment |
When assessing the infrastructure gaps the ENTSO for Electricity and the ENTSO for Gas shall implement the energy efficiency first principle and consider with priority all relevant non-infrastructure related solutions to address the identified gaps. |
When assessing the infrastructure gaps the ENTSO for Electricity and the ENTSO for Gas shall implement the energy efficiency first principle and with particular regard to those gaps affecting the ability to accomplish the Union's decarbonisation targets and consider with priority all relevant non-infrastructure related solutions including sector coupling projects to address the identified gaps. |
Amendment 70
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 3
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Text proposed by the Commission |
Amendment |
Prior to submitting their respective reports, the ENTSO for Electricity and the ENTSO for Gas shall conduct an extensive consultation process involving all relevant stakeholders, including the Union DSO entity, all relevant hydrogen stakeholders and all the Member States representatives part of the priority corridors defined in Annex I. |
Prior to submitting their respective reports, the ENTSO for Electricity and the ENTSO for Gas shall conduct an extensive consultation process involving all relevant stakeholders, including the Union DSO entity, all relevant hydrogen, mobility and demand response stakeholders and civil society, and all the Member States representatives part of the priority corridors defined in Annex I. |
Amendment 71
Proposal for a regulation
Article 13 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. Within three months following receipt of the infrastructure gaps report together with the input received in the consultation process and a report on how it was taken into account, the Agency shall submit its opinion to the ENTSO for Electricity or ENTSO for Gas and the Commission. |
3. Within three months following receipt of the infrastructure gaps report together with the input received in the consultation process and a report on how it was taken into account, the Agency shall submit its opinion to the ENTSO for Electricity or ENTSO for Gas and the Commission and make it publicly available. |
Amendment 72
Proposal for a regulation
Article 13 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. The ENTSO for Electricity and the ENTSO for Gas shall adapt their infrastructure gaps reports taking due account of the Agency’s opinion and in line with the Commission’s opinion before the publication of the final infrastructure gaps reports. |
5. The ENTSO for Electricity and the ENTSO for Gas shall adapt their infrastructure gaps reports with due regard the Agency’s opinion and in line with the Commission’s opinion. Justifications shall be provided if these opinions are not reflected in the final infrastructure gaps reports. |
Amendment 73
Proposal for a regulation
Article 14 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. By [31 July 2022], Member States, with the support of the Commission, within their specific priority offshore grid corridors, set out in point (2) of Annex I, taking into account the specificities and development in each region, shall jointly define and agree to cooperate on the amount of offshore renewable generation to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040, in view of their national energy and climate plans, the offshore renewable potential of each sea basin, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets. That agreement shall be made in writing as regards each sea basin linked to the territory of the Union. |
1. By [31 July 2022], Member States, with the support of the Commission, within their specific priority offshore grid corridors, set out in point (2) of Annex I, taking into account the specificities and development in each region, shall jointly define and agree to cooperate on the amount of offshore renewable generation to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040, in view of their national energy and climate plans, the offshore renewable potential of designated sea basins, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets. That declaration of intent shall be made in writing as regards each sea basin linked to the territory of the Union. |
Amendment 74
Proposal for a regulation
Article 14 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. By [31 July 2023] the ENTSO for Electricity, with the involvement of the relevant TSOs, the national regulatory authorities and of the Commission and in line with the agreement referred to in paragraph 1, shall develop and publish integrated offshore network development plans starting from the 2050 objectives, with intermediate steps for 2030 and 2040, 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. Those integrated offshore network development plans shall thereafter be updated every three years. |
2. By [31 July 2023] the ENTSO for Electricity, with the involvement of the relevant TSOs, the national regulatory authorities and of the Commission and in line with the agreement referred to in paragraph 1, shall develop and publish integrated offshore network development plans starting from the 2050 objectives, with intermediate steps for 2030 and 2040, 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 integrated offshore plans may also include hydrogen infrastructure if considered relevant. Those integrated offshore network development plans shall thereafter be updated every three years. |
Amendment 75
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 4
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Text proposed by the Commission |
Amendment |
In allocating costs across borders, the relevant national regulatory authorities, in consultation with the TSOs concerned, shall seek a mutual agreement based on, but not limited to, the information specified in paragraphs 3(a) and (b). Their assessment shall be based on the same scenario as used in the selection process for the elaboration of the Union list where the project of common interests is listed. |
In allocating costs across borders, the relevant national regulatory authorities, in consultation with the TSOs concerned, shall seek a mutual agreement based on, but not limited to, the information specified in paragraphs 3(a) and (b). Their assessment shall take into account the same scenario as used in the selection process for the elaboration of the Union list where the project of common interests is listed. |
Amendment 76
Proposal for a regulation
Article 18 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. Projects of common interest falling under the categories set out in points (1)(d), (2) and (5) of Annex II shall also be eligible for Union financial assistance in the form of grants for works, where the concerned project promoters can clearly demonstrate significant positive externalities, such as security of supply, system flexibility, solidarity or innovation, generated by the projects and provide clear evidence of their lack of commercial viability, in accordance with the cost-benefit analysis, the business plan and assessments carried out, in particular by potential investors or creditors or, where applicable, a national regulatory authority. |
4. Projects of common interest falling under the categories set out in points (1)(d), (2), (4) and (5) of Annex II shall also be eligible for Union financial assistance in the form of grants for works, where the concerned project promoters can clearly demonstrate significant positive externalities, such as security of supply, system flexibility, solidarity or innovation, generated by the projects and provide clear evidence of their lack of commercial viability, in accordance with the cost-benefit analysis, the business plan and assessments carried out, in particular by potential investors or creditors or, where applicable, a national regulatory authority. |
Amendment 77
Proposal for a regulation
Article 20 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. The power to adopt delegated acts referred to in Article 3 shall be conferred on the Commission for a period of seven years from [1 January 2022]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. |
2. The power to adopt delegated acts referred to in Article 3 shall be conferred on the Commission for a period of five years from [1 January 2022]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. |
Amendment 78
Proposal for a regulation
Article 21 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. |
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. |
Amendment 79
Proposal for a regulation
Article 22 – paragraph 1 – point e
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Text proposed by the Commission |
Amendment |
(e) for the electricity and hydrogen sectors, the evolution of the interconnection level between Member States, the corresponding evolution of energy prices, as well as the number of network system failure events, their causes and related economic cost; |
(e) for the electricity and hydrogen sectors, the evolution of the interconnection level between Member States, the corresponding evolution of energy prices, as well as the number of network system failure events, their causes and related economic cost and the contribution to flexibility, energy system integration and sector coupling; |
Amendment 80
Proposal for a regulation
Article 22 – point d a (new)
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Text proposed by the Commission |
Amendment |
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(d a) the progress achieved on the positive impact on biodiversity and the “do no harm” principle; |
Amendment 81
Proposal for a regulation
Article 23 – paragraph 1 – point c
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Text proposed by the Commission |
Amendment |
(c) the main expected benefits and the costs of the projects except for any commercially sensitive information; |
(c) the main expected benefits, in particular regarding greenhouse gas emission reductions and the costs of the projects except for any commercially sensitive information; |
Amendment 82
Proposal for a regulation
Annex I – Part 3 – point 8 – first subparagraph
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Text proposed by the Commission |
Amendment |
(8) Hydrogen interconnections in Western Europe (‘HI West’): hydrogen infrastructure enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport. |
(8) Hydrogen interconnections in Western Europe (‘HI West’): hydrogen infrastructure, including repurposed infrastructure, enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport, including connecting renewable energy production areas to electrolysers and, subsequently, synthetic fuel production centers, and enabling end-user consumption in all sectors. |
Amendment 83
Proposal for a regulation
Annex I – Part 3 – point 9 – first subparagraph
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Text proposed by the Commission |
Amendment |
(9) Hydrogen interconnections in Central Eastern and South Eastern Europe (‘HI East’): hydrogen infrastructure enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport. |
(9) Hydrogen interconnections in Central Eastern and South Eastern Europe (‘HI East’): hydrogen infrastructure, including repurposed infrastructure, enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport, including connecting renewable energy production areas to electrolysers and, subsequently, synthetic fuel production centers or transport hubs, and enabling end-user consumption in all sectors. |
Amendment 84
Proposal for a regulation
Annex I – Part 3 – point 10 – first subparagraph
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Text proposed by the Commission |
Amendment |
(10) Baltic Energy Market Interconnection Plan in hydrogen (‘BEMIP Hydrogen’): hydrogen infrastructure enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport. |
(10) Baltic Energy Market Interconnection Plan in hydrogen (‘BEMIP Hydrogen’): hydrogen infrastructure, including repurposed infrastructure, enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport, including connecting renewable energy production areas to electrolysers and, subsequently, synthetic fuel production centers, and enabling end-user consumption in all sectors. |
Amendment 85
Proposal for a regulation
Annex I – Part 4 – point 11 – first subparagraph
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Text proposed by the Commission |
Amendment |
(11) Smart electricity grids deployment: adoption of smart grid technologies across the Union to efficiently integrate the behaviour and actions of all users connected to the electricity network, in particular the generation of large amounts of electricity from renewable or distributed energy sources and demand response by consumers. |
(11) Smart electricity grids deployment: adoption of smart grid technologies across the Union to efficiently integrate the behaviour and actions of all users connected to the electricity network, in particular the generation of large amounts of electricity from renewable or distributed energy sources, energy storage and transformation facilities and demand response by consumers. |
Amendment 86
Proposal for a regulation
Annex I – Part 4 – point 11 a (new)
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Text proposed by the Commission |
Amendment |
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(11 a) Power-to-x technologies: supporting the deployment of applications aiming to enable greenhouse gas reductions and contributing to secure, efficient and reliable system operation and smart energy system integration. |
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Member States concerned: Member States listed in part 3 |
Amendment 87
Proposal for a regulation
Annex I – Part 4 – point 12 – first subparagraph
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Text proposed by the Commission |
Amendment |
(12) Cross-border carbon dioxide network: development of carbon dioxide transport infrastructure between Member States and with neighbouring third countries in view of the deployment of carbon dioxide capture and storage. |
(12) Cross-border carbon dioxide network: development of carbon dioxide capture, utilisation, storage and transport infrastructure between Member States and with neighbouring third countries in view of the deployment of carbon dioxide capture and storage or utilisation. |
Amendment 88
Proposal for a regulation
Annex I – Part 4 – point 13 – first subparagraph
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Text proposed by the Commission |
Amendment |
(13) Smart gas grids: Adoption of smart gas grid technologies across the Union to efficiently integrate a plurality of renewable and low-carbon gas sources into the gas network, support the uptake of innovative solutions for network management and facilitating smart energy sector integration and demand response.
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(13) Smart gas grids: Adoption of smart gas grid technologies across the Union to efficiently integrate a plurality of renewable and low-carbon gas sources into the gas network, support the uptake of innovative solutions for network management and facilitating smart energy sector integration and demand response, contribute significantly to the decarbonisation of sectors for which viable technological alternatives are not available yet, create synergies with the TEN-T, including taking into account the cross-border dimension of maritime and inland waterway transport and ports. |
Amendment 89
Proposal for a regulation
Annex I – Part 4 – point 13 a (new)
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Text proposed by the Commission |
Amendment |
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(13 a) Cross-border integrated energy and transport networks:hydrogen interconnections that are on the existing European Transport Network and combine energy infrastructure with transport (alternative fuel) infrastructure along that corridor with the purpose of decarbonizing transport flows. |
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Member States concerned: all. |
Amendment 90
Proposal for a regulation
Annex I – Part 4 – point 13 b (new)
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Text proposed by the Commission |
Amendment |
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(13 b) Integration of small connected or isolated systems and islands, including outermost regions: Development of electricity transmission and storage infrastructures (as referred to in point a) of the third paragraph of Article 4) contributing to a better interconnection of islands and to a more efficient integration of renewables and overall energy system integration. |
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Member States concerned: all. |
Amendment 91
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point b
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Text proposed by the Commission |
Amendment |
(b) electricity storage facilities used for storing electricity on a permanent or temporary basis in above-ground or underground infrastructure or geological sites, provided they are directly connected to high-voltage transmission lines designed for a voltage of 110 kV or more; |
(b) electricity storage facilities used for storing electricity on a permanent or temporary basis in above-ground or underground infrastructure or geological sites, provided they are directly connected to high-voltage transmission lines designed for a voltage of 110 kV or more or are directly connected to transport hubs or other relevant energy system infrastructure; |
Amendment 92
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point b a (new)
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Text proposed by the Commission |
Amendment |
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(b a) charging infrastructure for electric vehicles across the whole territory, including in difficult access zones, such as islands, outermost regions and unpopulated areas. |
Amendment 93
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point e a (new)
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Text proposed by the Commission |
Amendment |
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(e a) telematic applications aiming at the integration of transport and mobility solutions with the electricity grid, including inter alia vehicle charging, energy storage and demand management; |
Amendment 94
Proposal for a regulation
Annex II – paragraph 1 – point 2 – point a
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Text proposed by the Commission |
Amendment |
(a) any of the following equipment or installation aiming at enabling and facilitating the integration of renewable and low-carbon gases (including biomethane or hydrogen) into the network: digital systems and components integrating ICT, control systems and sensor technologies to enable the interactive and intelligent monitoring, metering, quality control and management of gas production, transmission, distribution and consumption within a gas network. Furthermore, such projects may also include equipment to enable reverse flows from the distribution to the transmission level and related necessary upgrades to the existing network. |
(a) any of the following equipment or installation aiming at enabling and facilitating the integration of renewable and low-carbon gases (such as biomethane and hydrogen) into the network: digital systems and components integrating ICT, control systems and sensor technologies to enable the interactive and intelligent integration, monitoring, metering, quality control and management of gas production, transmission, distribution, storage, and consumption within a gas network. Furthermore, such projects may also include equipment to enable reverse flows from the distribution to the transmission level and related necessary upgrades to the existing network, as well as related necessary new grid connections and repurposed infrastructures. |
Amendment 95
Proposal for a regulation
Annex II – paragraph 1 – point 2 – point a a (new)
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Text proposed by the Commission |
Amendment |
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(a a) equipment or installation, aiming to accelerate the decarbonisation of sectors for which viable technological alternatives are not available yet, such as maritime, aviation and heavy duty and long haul transport. |
Amendment 96
Proposal for a regulation
Annex II – paragraph 1 – point 3 – introductory part
|
|
Text proposed by the Commission |
Amendment |
(3) concerning hydrogen: |
(3) concerning hydrogen, including renewable and low-carbon hydrogen: |
Amendment 97
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point a
|
|
Text proposed by the Commission |
Amendment |
(a) transmission pipelines for the transport of hydrogen, giving access to multiple network users on a transparent and non-discriminatory basis, which mainly contains high-pressure hydrogen pipelines, excluding pipelines for the local distribution of hydrogen; |
(a) transmission and distribution pipelines for the transport of hydrogen, aiming at giving access to all network users on a transparent and non-discriminatory basis, which mainly contains high-pressure hydrogen pipelines, excluding pipelines for the local distribution of hydrogen; |
Amendment 98
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d
|
|
Text proposed by the Commission |
Amendment |
(d) any equipment or installation essential for the hydrogen system to operate safely, securely and efficiently or to enable bi-directional capacity, including compressor stations. |
(d) any equipment or installation essential for the hydrogen system, including new or repurposed infrastructure, to operate safely, securely and efficiently or to enable bi-directional capacity, including compressor stations. |
Amendment 99
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d a (new)
|
|
Text proposed by the Commission |
Amendment |
|
(d a) hydrogen infrastructure at multimodal transport hubs or connecting electrolysers sites to synthetic fuel production sites; |
Amendment 100
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d b (new)
|
|
Text proposed by the Commission |
Amendment |
|
(d b) equipment or installation aiming at the supply of hydrogen for hydrogen-powered mobility solutions, in particular within the TEN-T core network and taking into account telematic applications to integrate transport and mobility solutions with the hydrogen grid. |
Amendment 101
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d – subparagraph 1
|
|
Text proposed by the Commission |
Amendment |
Any of the assets listed in points (a), (b), (c), and (d) may be newly constructed assets or assets converted from natural gas dedicated to hydrogen, or a combination of the two. |
Any of the assets listed in points (a), (b), (c), (d), (da) and (db) may be newly constructed assets or assets converted or repurposed from natural gas ready for hydrogen, or a combination of the two. |
Amendment 102
Proposal for a regulation
Annex II – paragraph 1 – point 4 – introductory part
|
|
Text proposed by the Commission |
Amendment |
(4) concerning electrolyser facilities: |
(4) concerning electrolyser and power-to-x facilities: |
Amendment 103
Proposal for a regulation
Annex II – paragraph 1 – point 4 – point a
|
|
Text proposed by the Commission |
Amendment |
(a) electrolysers that: (i) have at least 100 MW capacity, (ii) the production complies with the life cycle greenhouse gas emissions savings requirement of 70 % relative to a fossil fuel comparator of 94g CO2e/MJ as set out in Article 25(2) and Annex V of Directive (EU) 2018/2001 of the European Parliament and of the Council.60 Life cycle greenhouse gas emissions savings are calculated using the methodology referred to in Article 28(5) of Directive (EU) 2018/2001 or, alternatively, using ISO 14067 or ISO 14064-1. Quantified life-cycle GHG emission savings are verified in line with Article 30 of Directive (EU) 2018/2001 where applicable, or by an independent third party, and (iii) have also a network-related function; |
(a) electrolysers that: (i) have at least 60 MW capacity; (ii) have at least 30 MW in case of innovative midstream value chains (e.g. maritime routes via liquid organic hydrogen carriers, liquid hydrogen or ammonia), (ii) the production complies with the life cycle greenhouse gas emissions savings requirement of 70 % relative to a fossil fuel comparator of 94g CO2e/MJ as set out in Article 25(2) and Annex V of Directive (EU) 2018/2001 of the European Parliament and of the Council.1 Life cycle greenhouse gas emissions savings are calculated using the methodology referred to in Article 28(5) of Directive (EU) 2018/2001 or, alternatively, using ISO 14067 or ISO 14064-1. Quantified life-cycle GHG emission savings are verified in line with Article 30 of Directive (EU) 2018/2001 where applicable, or by an independent third party, and (iii) have also a network-related function; |
__________________ |
__________________ |
60 OJ L 328, 21.12.2018, p. 82. |
60 OJ L 328, 21.12.2018, p. 82. |
Amendment 104
Proposal for a regulation
Annex II – paragraph 1 – point 4 – point a a (new)
|
|
Text proposed by the Commission |
Amendment |
|
(a a) power-to-x facilities other than hydrogen that: that: (i) have at least 100 MW capacity, (ii) the production complies with the life cycle greenhouse gas emissions savings requirement of 70 % relative to a fossil fuel comparator of 94g CO2e/MJ as set out in Article 25(2) and Annex V of Directive (EU) 2018/2001 of the European Parliament and of the Council. Life cycle greenhouse gas emissions savings are calculated using the methodology referred to in Article 28(5) of Directive(EU) 2018/2001 or, alternatively, using ISO 14067 or ISO 14064-1. Quantified life-cycle GHG emission savings are verified in line with Article 30 of Directive (EU) 2018/2001 where applicable, or by an independent third party, and (iii) have also a network-related function; |
Amendment 105
Proposal for a regulation
Annex II – paragraph 1 – point 4 – point b
|
|
Text proposed by the Commission |
Amendment |
(b) related equipment. |
(b) related equipment, including inter alia connections to transmission and distribution networks . |
Amendment 106
Proposal for a regulation
Annex II – paragraph 1 – point 5 – point a
|
|
Text proposed by the Commission |
Amendment |
(a) dedicated pipelines, other than upstream pipeline network, used to transport carbon dioxide from more than one source, i.e. industrial installations (including power plants) that produce carbon dioxide gas from combustion or other chemical reactions involving fossil or non-fossil carbon-containing compounds, for the purpose of permanent geological storage of carbon dioxide pursuant to Directive 2009/31/EC of the European Parliament and of the Council61 ; |
(a) dedicated infrastructure and equipment (including ships and trucks) used to capture and transport carbon dioxide from sources that produce carbon dioxide gas from combustion or other chemical reactions involving fossil or non-fossil carbon-containing compounds, for the purpose of permanent geological storage of carbon dioxide pursuant to Directive 2009/31/EC of the European Parliament and of the Council61 or for the purpose of carbon dioxide capture and utilisation; |
__________________ |
__________________ |
61 OJ L 140, 5.6.2009, p. 114. |
61 OJ L 140, 5.6.2009, p. 114. |
Amendment 107
Proposal for a regulation
Annex II – paragraph 1 – point 5 – point b
|
|
Text proposed by the Commission |
Amendment |
(b) facilities for liquefaction and buffer storage of carbon dioxide in view of its further transportation. This does not include infrastructure within a geological formation used for the permanent geological storage of carbon dioxide pursuant to Directive 2009/31/EC and associated surface and injection facilities; |
(b) facilities for liquefaction and storage of carbon dioxide for the purpose of permanent geological storage of carbon dioxide pursuant to Directive 2009/31/EC of the European Parliament and the Council; |
Amendment 108
Proposal for a regulation
Annex III – Part 2 – point 6
|
|
Text proposed by the Commission |
Amendment |
(6) proposed carbon dioxide transport projects falling under the category set out in point (5) 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. |
(6) proposed carbon dioxide capture, utilisation, storage and transport projects falling under the category set out in point (5) 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. |
Amendment 109
Proposal for a regulation
Annex IV – point 1 – point a
|
|
Text proposed by the Commission |
Amendment |
(a) for electricity transmission, the project increases the grid transfer capacity, or the capacity available for commercial flows, at the border of that Member State with one or several other Member States, having the effect of increasing the cross-border grid transfer capacity at the border of that Member State with one or several other Member States, by at least 500 Megawatt compared to the situation without commissioning of the project; |
(a) for electricity transmission, the project increases the grid transfer capacity, or the capacity available for commercial flows, or increase grid stability, at the border of that Member State with one or several other Member States, having the effect of increasing the cross-border grid transfer capacity at the border of that Member State with one or several other Member States, by at least 500 Megawatt compared to the situation without commissioning of the project; |
Amendment 110
Proposal for a regulation
Annex IV – point 1 – point b
|
|
Text proposed by the Commission |
Amendment |
(b) for electricity storage, the project provides at least 225 MW installed capacity and has a storage capacity that allows a net annual electricity generation of 250 Gigawatt-hours/year; |
(b) for electricity storage, the project provides at least 225 MW installed capacity and has a storage capacity and loading velocity that allows a net annual electricity generation of 250 Gigawatt-hours/year; |
Amendment 111
Proposal for a regulation
Annex IV – point 1 – point d
|
|
Text proposed by the Commission |
Amendment |
(d) for hydrogen transmission, the project enables the transmission of hydrogen across the borders of the Member States concerned, or 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; |
(d) for hydrogen transmission, the project enables the transmission of hydrogen across the borders of the Member States concerned, or 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, serving for instance industrial clusters, multimodal transport hubs or storage facilities, and provides sufficient proof of existing plans and cooperation with neighbouring countries and network operators; |
Amendment 112
Proposal for a regulation
Annex IV – point 1 – point e
|
|
Text proposed by the Commission |
Amendment |
(e) for hydrogen storage or hydrogen reception facilities referred to in point (3) of Annex II, the project aims at supplying directly or indirectly at least two Member States; |
(e) for hydrogen storage or hydrogen reception facilities referred to in point (3) of Annex II, the project aims at supplying directly or indirectly, by providing security of supply benefits, at least two Member States; |
Amendment 113
Proposal for a regulation
Annex IV – point 1 – point f
|
|
Text proposed by the Commission |
Amendment |
(f) for electrolysers, the project provides at least 100 MW installed capacity and the brings benefits directly or indirectly to at least two Member States; |
(f) for electrolysers, the project provides 60 MW installed capacity and the brings benefits directly or indirectly to at least two Member States; for innovative midstream value chains, the project provides at least 30 MW installed capacity and brings benefits directly or indirectly to at least two Member States. The project can reach these capacities through several phases and/or projects. |
Amendment 114
Proposal for a regulation
Annex IV – point 1 – point f a (new)
|
|
Text proposed by the Commission |
Amendment |
|
(f a) for power-to-x technologies, the project provides at least 100 MW installed capacity and the brings benefits directly or indirectly to at least two Member States; |
Amendment 115
Proposal for a regulation
Annex IV – point 2 – point h
|
|
Text proposed by the Commission |
Amendment |
(h) for projects of mutual interest in the category set out in point (1)(a) and (e) of Annex II, the project increases the grid transfer capacity, or the capacity available for commercial flows, at the border of that Member State with one or more third countries and brings significant benefits, under the specific criteria listed in in Article 4(3), to at least two Member States. The calculation of the benefits for the Member States shall be performed and published by the ENTSO for Electricity in the frame of Union-wide ten-year network development plan; |
(h) for projects of mutual interest in the category set out in point (1)(a) and (e) of Annex II, the project increases the grid transfer capacity, or the capacity available for commercial flows or increases grid stability, at the border of that Member State with one or more third countries and brings significant benefits, under the specific criteria listed in in Article 4(3), to at least two Member States. The calculation of the benefits for the Member States shall be performed and published by the ENTSO for Electricity in the frame of Union-wide ten-year network development plan; |
Amendment 116
Proposal for a regulation
Annex IV – point 2 – point i
|
|
Text proposed by the Commission |
Amendment |
(i) for projects of mutual interest in the category set out in point (5) of Annex II, the project can be used to transport anthropogenic carbon dioxide by at least two Member States and a third country. |
(i) for projects of mutual interest in the category set out in point (5) of Annex II, the project can be used to capture, utilise, store and transport anthropogenic carbon dioxide by at least two Member States and a third country. |
Amendment 117
Proposal for a regulation
Annex IV – point 3 – point c
|
|
Text proposed by the Commission |
Amendment |
(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, notably by assessing the impact of the project on the loss of load expectation for the area of analysis as defined 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. |
(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, notably by assessing the impact of the project on the loss of load expectation for the area of analysis as defined 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 and expected increase in power demand from the transport sector, in particular for electric vehicles along highways and in urban areas. Where applicable, the impact of the project on independent and reliable control of system operation and services shall be measured. |
Amendment 118
Proposal for a regulation
Annex IV – point 5 – point a
|
|
Text proposed by the Commission |
Amendment |
(a) Sustainability measured as the contribution of a project to: greenhouse gas emission reductions in different end-use applications, such as industry or transport; flexibility and seasonal storage options for renewable electricity generation; or the integration of renewable hydrogen. |
(a) Sustainability measured as the contribution of a project to: contributing to direct or indirect reductions of greenhouse gas emissions in different end-use applications of hard to abate sectors, such as industry, heavy duty, long haul transport; flexibility and seasonal and short-term storage options for renewable electricity generation; or the integration of renewable hydrogen. |
Amendment 119
Proposal for a regulation
Annex IV – point 5 – point c
|
|
Text proposed by the Commission |
Amendment |
(c) security of supply and flexibility measured by calculating the additional value of the project to the resilience, diversity and flexibility of hydrogen supply. |
(c) security of supply and flexibility measured by calculating the additional value of the project to the resilience, diversity and flexibility of hydrogen supply including renewable and low-carbon hydrogen. |
Amendment 120
Proposal for a regulation
Annex IV – point 6 – point b
|
|
Text proposed by the Commission |
Amendment |
(b) quality and security of supply measured by assessing the ratio of reliably available gas supply and peak demand, the share of imports replaced by local renewable and low-carbon gases, the stability of system operation, the duration and frequency of interruptions per customer. |
(b) quality and security of supply measured by assessing the ratio of reliably available gas supply and system wide peak demand, the share of imports replaced by local renewable and low-carbon gases, the stability of system operation, the duration and frequency of interruptions per customer. |
Amendment 121
Proposal for a regulation
Annex IV – point 7 – introductory part
|
|
Text proposed by the Commission |
Amendment |
(7) concerning electrolyser projects falling under the category set out in point (4) of Annex II the criteria listed in Article 4 shall be evaluated as follows: |
(7) concerning electrolyser and power-to-x projects falling under the category set out in point (4) of Annex II the criteria listed in Article 4 shall be evaluated as follows: |
Amendment 122
Proposal for a regulation
Annex IV – point 7 – point a
|
|
Text proposed by the Commission |
Amendment |
(a) sustainability measured by assessing the share of renewable hydrogen or hydrogen meeting the criteria defined in point (4) (a) (ii) of Annex II integrated into the network, and the related greenhouse gas emission savings; |
(a) sustainability measured by assessing the share of renewable hydrogen, or hydrogen meeting the criteria defined in point (4) (a) (ii) of Annex II or synthetic methane integrated into the network, and the related greenhouse gas emission savings; |
Amendment 123
Proposal for a regulation
Annex IV – point 7 – point c
|
|
Text proposed by the Commission |
Amendment |
(c) the facilitation of smart energy sector integration measured by assessing the cost savings enabled in connected energy sectors and systems, such as the gas, hydrogen, power and heat networks, the transport and industry sectors, and the volume of demand response enabled. |
(c) the facilitation of smart energy sector integration measured by assessing the cost, and greenhouse gas savings and the efficient use of energy enabled in connected energy sectors and systems, such as the gas, hydrogen, power and heat networks, the transport and industry sectors, and the volume of demand response enabled. |
Amendment 124
Proposal for a regulation
Annex V – point 4
|
|
Text proposed by the Commission |
Amendment |
(4) it shall give guidance for the development and use of network and market modelling necessary for the cost-benefit analysis. The modelling shall allow for a full assessment of economic, including market integration, security of supply and competition, social and environmental and climate impacts, including the cross-sectorial impacts. The methodology shall include details on why, what and how each of the benefits and costs are calculated. |
(4) it shall give guidance for the development and use of network and market modelling necessary for the cost-benefit analysis. The modelling shall allow for a full assessment of economic, including market integration, security of supply, improving capacity to integrate renewable production, cross-sectorial investment optimisation and competition, social and environmental and climate impacts, including the cross-sectorial efficiency and sustainability impacts. The methodology shall include details on why, what and how each of the benefits and costs are calculated. |
Amendment 125
Proposal for a regulation
Annex VI – point 1 – point h
|
|
Text proposed by the Commission |
Amendment |
(h) as much as possible, translations of its content in all languages of the neighbouring Member States to be realized in coordination with the respective neighbouring Member States; |
(h) as much as possible, translations of its content into all official EU languages enjoying main-language status in the neighbouring Member States to be realized in coordination with the respective neighbouring Member States; |
Amendment 126
Proposal for a regulation
Annex VI – point 6 – point b
|
|
Text proposed by the Commission |
Amendment |
(b) translations of its content in all languages of the Member States concerned by the project or on which the project has a significant cross-border impact in accordance with point (1) of Annex IV; |
(b) translations of its content into all official EU languages enjoying main-language status in the Member States concerned by the project or on which the project has a significant cross-border impact in accordance with point (1) of Annex IV; |
PROCEDURE – COMMITTEE ASKED FOR OPINION
Title |
Guidelines for trans-European energy infrastructure and repealing Regulation (EU) No 347/2013 |
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References |
COM(2020)0824 – C9-0417/2020 – 2020/0360(COD) |
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Committee responsible Date announced in plenary |
ITRE 18.1.2021 |
|
|
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Opinion by Date announced in plenary |
TRAN 18.1.2021 |
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Rapporteur for the opinion Date appointed |
Paolo Borchia 25.1.2021 |
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Date adopted |
28.6.2021 |
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Result of final vote |
+: –: 0: |
41 6 0 |
||
Members present for the final vote |
Magdalena Adamowicz, Andris Ameriks, José Ramón Bauzá Díaz, Izaskun Bilbao Barandica, Paolo Borchia, Marco Campomenosi, Ciarán Cuffe, Johan Danielsson, Karima Delli, Gheorghe Falcă, Giuseppe Ferrandino, Mario Furore, Søren Gade, Isabel García Muñoz, Jens Gieseke, Elsi Katainen, Kateřina Konečná, Elena Kountoura, Julie Lechanteux, Benoît Lutgen, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Tilly Metz, Cláudia Monteiro de Aguiar, Caroline Nagtegaal, Jan-Christoph Oetjen, Philippe Olivier, Rovana Plumb, Tomasz Piotr Poręba, Dominique Riquet, Dorien Rookmaker, Massimiliano Salini, Sven Schulze, Barbara Thaler, István Ujhelyi, Henna Virkkunen, Petar Vitanov, Elissavet Vozemberg-Vrionidi, Roberts Zīle, Kosma Złotowski |
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Substitutes present for the final vote |
Pablo Arias Echeverría, Angel Dzhambazki, Maria Grapini, Roman Haider, Jutta Paulus, Kathleen Van Brempt, Marianne Vind |
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FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
41 |
+ |
ECR |
Angel Dzhambazki, Tomasz Piotr Poręba, Roberts Zīle, Kosma Złotowski |
ID |
Paolo Borchia, Marco Campomenosi, Roman Haider, Julie Lechanteux, Philippe Olivier |
NI |
Mario Furore, Dorien Rookmaker |
PPE |
Magdalena Adamowicz, Pablo Arias Echeverría, Gheorghe Falcă, Jens Gieseke, Elżbieta Katarzyna Łukacijewska, Benoît Lutgen, Marian-Jean Marinescu, Cláudia Monteiro de Aguiar, Massimiliano Salini, Sven Schulze, Barbara Thaler, Henna Virkkunen, Elissavet Vozemberg-Vrionidi |
Renew |
José Ramón Bauzá Díaz, Izaskun Bilbao Barandica, Søren Gade, Elsi Katainen, Caroline Nagtegaal, Jan-Christoph Oetjen, Dominique Riquet |
S&D |
Andris Ameriks, Johan Danielsson, Giuseppe Ferrandino, Isabel García Muñoz, Maria Grapini, Rovana Plumb, István Ujhelyi, Kathleen Van Brempt, Marianne Vind, Petar Vitanov |
6 |
- |
The Left |
Kateřina Konečná, Elena Kountoura |
Verts/ALE |
Ciarán Cuffe, Karima Delli, Tilly Metz, Jutta Paulus |
|
0 |
|
|
Key to symbols:
+ : in favour
- : against
0 : abstention
OPINION OF THE COMMITTEE ON REGIONAL DEVELOPMENT (22.6.2021)
for the Committee on Industry, Research and Energy
on the proposal for a regulation of the European Parliament and of the Council on guidelines for trans-European energy infrastructure and repealing Regulation (EU) No 347/2013
(COM(2020)0824 – C9-0417/2020 – 2020/0360(COD))
Rapporteur for opinion: Vlad‑Marius Botoş
SHORT JUSTIFICATION
The cohesion policies are at the core of the development of the European Union. The strive for a balanced, inclusive, sustainable, modern society throughout the union, the principle “no one is left behind” is the key to a successful and thriving political, economic and social construction. The essence of the cohesion policies must be the foundation in all the European Union programs and strategies.
The revision of the TEN-E regulation will ensure the adaptation of the energy infrastructure development strategy to the new environmental and social requirements of the European Union policy, to the Green Deal and will contribute to achieving the objectives stipulated in the Paris Agreement.
The major adaptations required by the Green Deal in the energy infrastructure strategy aimed to dramatically increase the renewable energy production and consumption and the green mobility will have a strong impact on specific regions and on the energy market, but the strong correlation with the cohesion policies and the national and regional development strategies will ensure a successful and beneficial transformation at economic, social and individual level.
The cost-benefit analysis and the assessment of the projects must take into account the changes and challenges in the areas that will be most affected by the transition to the renewable energy and by the elimination of the fossil fuel.
For the cohesive development of all the member states and all the regions of the European Union, the economic and social development must not be hindered by the potential lack of energy and by the possible bottlenecks caused by an uneven energy infrastructure.
It is of utmost importance in the planning of the main corridors and of the energy infrastructure in the European Union to ensure the access to energy for all the regions, making sure the energy security strategy takes into account the present situation, but also the development plans and programmes that would lead to a potential increase in demand.
Ensuring the synergies of the trans-European energy infrastructure with the regional and national development plans and strategies, with the electric mobility development strategy and with other development projects in the area will lead to the contribution of the TEN-E to carbon neutrality, to economic growth, competitiveness and social development enhancing the contribution of the cohesion policies.
AMENDMENTS
The Committee on Regional Development calls on the Committee on Industry, Research and Energy, as the committee responsible, to take into account the following amendments:
Amendment 1
Proposal for a regulation
Recital 1
|
|
Text proposed by the Commission |
Amendment |
(1) The Commission has set out, in its Communication of 11 December 2019 entitled ‘The European Green Deal’21 , a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. The Commission’s communication on the Climate Target Plan22 proposing to increase the greenhouse gas emissions’ reduction level to at least 55% by 2030 - an ambition that was endorsed by the European Council on 11 December 2020 - and its underlying impact assessment confirms that the energy mix of the future will be very different from the one of today and underpins the necessity to review and if necessary to revise the energy legislation. The current energy infrastructure investments are clearly insufficient to transform and build the energy infrastructure of the future. That also means infrastructure needs to be in place to support the European energy transition, including rapid electrification, scaling up of renewable electricity generation, the increased use of renewable and low-carbon gases, energy system integration and a higher uptake of innovative solutions. |
(1) The Commission has set out, in its Communication of 11 December 2019 entitled ‘The European Green Deal’21, a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. The Commission’s communication on the Climate Target Plan22 proposing to increase the greenhouse gas emissions’ reduction level to at least55% by 2030 - an ambition that was endorsed by the European Council on 11 December 2020 - and its underlying impact assessment confirms that the energy mix of the future will be very different from the one of today and underpins the necessity to review and if necessary to revise the energy legislation both at European and national level. The current energy infrastructure investments are clearly insufficient to transform and build the energy infrastructure of the future and to ensure the energy supply according to the specificity of different regions. That also means infrastructure needs to be in place to support the European energy transition, including rapid electrification, scaling up of renewable electricity generation, the increased use of renewable and low-carbon gases, energy system integration and a higher uptake of innovative solutions. |
__________________ |
__________________ |
21 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019. |
21 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019. |
22 Commission Communication - Stepping up Europe’s 2030 climate ambition, Investing in a climate-neutral future for the benefit of our people, COM(2020) 562 final of 17 September 2020 |
22 Commission Communication - Stepping up Europe’s 2030 climate ambition, Investing in a climate-neutral future for the benefit of our people, COM(2020) 562 final of 17 September 2020 |
Amendment 2
Proposal for a regulation
Recital 1 b (new)
|
|
Text proposed by the Commission |
Amendment |
|
(1b) The guidelines for trans-European energy infrastructure should support activities that respect the climate and environmental standards and priorities of the Union and do no significant harm to the environmental objectives within the meaning of Article17 of Regulation (EU) No 2020/852 to achieve climate neutrality at the latest by 2050. |
Amendment 3
Proposal for a regulation
Recital 4 a (new)
|
|
Text proposed by the Commission |
Amendment |
|
(4a) The target agreed in the conclusions of the March 2002 Barcelona European Council for Member States to have a level of electricity interconnections equivalent to at least 10 % of their installed production capacity has not yet been achieved. In its conclusions of 23 and 24 October 2014, the European Council endorsed an electricity interconnection target of at least 15 %. The communication of the Commission of 23 November 2017 on strengthening Europe's energy networks assesses progress towards achieving the 10 % interconnection target and suggests ways in which to operationalise the 15 % interconnection target for2030, provided that system benefits outweigh costs, while acknowledging that many Member States require significantly higher interconnection levels, in particular by taking into account the urgency indicators developed by the Interconnection expert group (ITEG). |
Amendment 4
Proposal for a regulation
Recital 5
|
|
Text proposed by the Commission |
Amendment |
(5) The evaluation of Regulation (EU) No 347/2013 has clearly shown that the framework has effectively improved the integration of Member States’ networks, stimulated energy trade and hence contributed to the competitiveness of the Union. Projects of common interest in electricity and gas have strongly contributed to security of supply. For gas, the infrastructure is now well connected and supply resilience has improved substantially since 2013. Regional cooperation in Regional Groups and through cross-border cost allocation is an important enabler for project implementation. However, in many cases the cross-border cost allocation did not result in reducing the financing gap of the project, as intended. While the majority of permitting procedures have been shortened, in some cases the process is still long. The financial assistance from the Connecting Europe Facility (CEF) has been an important factor as grants for studies have helped projects to reduce risks in the early stages of development, while grants for works have supported projects addressing key bottlenecks that market finance could not sufficiently address. |
(5) The evaluation of Regulation (EU) No 347/2013 has clearly shown that the framework has effectively improved the integration of Member States’ networks, stimulated energy trade and hence contributed to the competitiveness of the Union. Projects of common interest in electricity and gas have strongly contributed to security of supply. Regional cooperation in Regional Groups and through cross-border cost allocation is an important enabler for project implementation. However, in many cases the cross-border cost allocation did not result in reducing the financing gap of the project, as intended. While the majority of permitting procedures have been shortened, in some cases the process is still long. The financial assistance from the Connecting Europe Facility (CEF) has been an important factor as grants for studies have helped projects to reduce risks in the early stages of development, while grants for works have supported projects addressing key bottlenecks that market finance could not sufficiently address. |
Amendment 5
Proposal for a regulation
Recital 6
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Text proposed by the Commission |
Amendment |
(6) The TEN-E policy is a central instrument in the development of an internal energy market and necessary to achieve the European Green Deal objectives. To achieve climate neutrality by 2050 and higher levels of greenhouse gas emission reductions by 2030, Europe will need a more integrated energy system, relying on higher levels of electrification based on renewable sources and the decarbonisation of the gas sector. The TEN-E policy can ensure that the Union energy infrastructure development supports the required energy transition to climate neutrality in line with the energy efficiency first principle. |
(6) The TEN-E policy is a central instrument in the development of an internal energy market and necessary to achieve the European Green Deal objectives, the energy affordability and to reach the economic and social cohesion. To achieve climate neutrality by 2050 and higher levels of greenhouse gas emission reductions by 2030, Europe will need a more integrated energy system and an energy policy at the Union level which takes into account the regional and local realities and development strategies, relying on higher levels of electrification based on renewable and low carbon energy sources and the decarbonisation of the gas sector backed up by an adapted legislation in all the Member States. The TEN-E policy can ensure that the Union energy infrastructure development supports the required energy transition to climate neutrality in line with the energy efficiency first principle and leaving no region behind. |
Amendment 6
Proposal for a regulation
Recital 10
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Text proposed by the Commission |
Amendment |
(10) The Union’s energy infrastructure should be resilient to the unavoidable impacts that climate change is estimated to create in Europe in spite of the mitigation efforts. Hence, strengthening the efforts on climate adaptation, resilience building, disaster prevention and preparedness is crucial. |
(10) The Union’s energy infrastructure should be resilient to the unavoidable impacts that climate change is estimated to create in Europe in spite of the mitigation efforts. Hence, contribute to climate change mitigation, strengthening the efforts on climate adaptation, resilience building, disaster prevention and preparedness is crucial. |
Amendment 7
Proposal for a regulation
Recital 11
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|
Text proposed by the Commission |
Amendment |
(11) Security of supply, as one main driver behind Regulation (EU) No 347/2013, has been significantly improved through projects of common interest. Moreover, the Commission’s climate target impact assessment27 expects the consumption of natural gas to be reduced significantly because its non-abated use is not compatible with carbon-neutrality. On the other hand, the consumption of biogas, renewable and low-carbon hydrogen and synthetic gaseous fuels will increase significantly towards 2050. Therefore, the natural gas infrastructure no longer needs support through the TEN-E policy. The planning of energy infrastructure should reflect this changing gas landscape. |
(11) Security of supply, as one main driver behind Regulation (EU) No 347/2013, has been significantly improved through projects of common interest. Moreover, the Commission’s climate target impact assessment27 expects the consumption of natural gas to be reduced significantly because its non-abated use is not compatible with carbon-neutrality. However, in some Members States and regions the consumption of natural gas might be a significant step forward to reduce CO2 emissions and facilitate the transition from solid fossil fuels to carbon neutrality. The revision of Regulation (EU) No 347/2013should not negatively affect not yet completed natural gas infrastructure projects, which were already included in the fourth or fifth Union list of projects of common interest established pursuant to that Regulation . Those projects should therefore be able to maintain their previous status and be eligible as projects of common interest to be established under this Regulation. On the other hand, the consumption of biogas, renewable and low-carbon hydrogen and synthetic gaseous fuels will increase significantly towards 2050. Therefore, the infrastructure support through the TEN-E policy should be technology neutral and based on life cycle emissions assessments to avoid future lock-in effects. The construction of new natural gas infrastructure no longer needs support unless it can be converted into hydrogen infrastructure in the years to come according to the development of the sector and the national and regional development strategies.. The planning of energy infrastructure should reflect this changing gas landscape. |
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27 SWD(2020) 176 final |
27 SWD(2020) 176 final |
Amendment 8
Proposal for a regulation
Recital 12
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|
Text proposed by the Commission |
Amendment |
(12) The importance of smart electricity grids in achieving the Union’s energy and climate policy objectives has been acknowledged in the communication from the Commission on energy system integration28. The criteria for the category should include technological developments regarding innovation and digital aspects. Furthermore, the role of projects promoters should be clarified. Given the expected significant increase in power demand from the transport sector, in particular for electric vehicles along highways and in urban areas, smart grid technologies should also help to improve energy network related support for cross border high capacity recharging to support the decarbonisation of the transport sector. |
(12) The importance of smart electricity grids in achieving the Union’s energy and climate policy objectives has been acknowledged in the communication from the Commission on energy system integration28 . The criteria for the category should include technological developments regarding innovation and digital aspects. Furthermore, the role of projects promoters should be clarified. Given the expected significant increase in power demand from the transport sector, in particular for electric vehicles along highways and in urban areas, smart grid technologies should also help to improve energy network related support for cross border high capacity recharging to support the decarbonisation of the transport sector and facilitate the installation of charging stations in regions where they are lacking. |
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28 COM(2020) 299 final |
28 COM(2020) 299 final |
Amendment 9
Proposal for a regulation
Recital 13
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Text proposed by the Commission |
Amendment |
(13) The Commission’s communication on energy system integration underlines the need for integrated energy infrastructure planning across energy carriers, infrastructures, and consumption sectors. Such system integration starts from the point of departure of applying the energy efficiency first principle and taking a holistic approach beyond individual sectors. It also addresses the decarbonisation needs of the hard to abate sectors, such as parts of industry or certain modes of transport, where direct electrification is, currently, technically or economically challenging. Such investments include hydrogen and electrolysers, which are progressing towards commercial large-scale deployment. The Commission’s Hydrogen Strategy gives priority to hydrogen production from renewable electricity, which is the cleanest solution and is most compatible with the EU climate neutrality objective. In a transitional phase however, other forms of low-carbon hydrogen are needed to more rapidly replace existing hydrogen and kick-start an economy of scale. |
(13) The Commission’s communication on energy system integration underlines the need for integrated energy infrastructure planning across energy carriers, infrastructures, and consumption sectors. Such system integration starts from the point of departure of applying the energy efficiency first principle and taking a holistic approach beyond individual sectors. It also addresses the decarbonisation needs of the hard to abate sectors, such as parts of industry or certain modes of transport, where direct electrification is, currently, technically or economically challenging. Such investments include hydrogen and electrolysers, which are progressing towards commercial large-scale deployment. The Commission’s Hydrogen Strategy gives priority to hydrogen production from renewable and low-carbon electricity, which is the cleanest solution and is most compatible with the EU climate neutrality objective. Further investments on renewable and other forms of low-carbon hydrogen are needed in a transitional phase to more rapidly replace existing hydrogen and kick-start an economy of scale. |
Amendment 10
Proposal for a regulation
Recital 14
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Text proposed by the Commission |
Amendment |
(14) Moreover, the Commission’s Hydrogen Strategy29concluded that for the required deployment of hydrogen a large-scale infrastructure network is an important element that only the Union and the single market can offer. There is currently very limited dedicated infrastructure in place to transport and trade hydrogen across borders. Such should consist of a significant extent of assets converted from natural gas, complemented by new assets dedicated to hydrogen. Furthermore, the Hydrogen Strategy sets a strategic goal to increase installed electrolyser capacity to 40 GW by 2030 in order to scale up the production of renewable hydrogen and facilitate the decarbonisation of fossil-fuel dependent sectors, such as industry or transport. Therefore, the TEN-E policy should include new and repurposed hydrogen transmission infrastructure and storage as well as electrolyser facilities. Hydrogen transmission and storage infrastructure should also be included in the Union-wide ten-year network development plan so as to allow a comprehensive and consistent assessment of their costs and benefits for the energy system, including their contribution to sector integration and decarbonisation, with the aim of creating a hydrogen backbone for the Union. |
(14) Moreover, the Commission’s Hydrogen Strategy29 concluded that for the required deployment of hydrogen a large-scale infrastructure network is an important element that only the Union and the single market can offer. There is currently very limited dedicated infrastructure in place to transport and trade hydrogen across borders. Existing gas transmission networks should be adapted to allow conversion to hydrogen. Such should consist of a significant extent of assets converted from natural gas, complemented by new assets dedicated to hydrogen. Furthermore, the Hydrogen Strategy sets a strategic goal to increase installed electrolyser capacity to 40 GW by 2030 in order to scale up the production of renewable hydrogen and facilitate the decarbonisation of fossil-fuel dependent sectors, such as industry or transport. Therefore, the TEN-E policy should include new and repurposed hydrogen transmission infrastructure and storage as well as electrolyser facilities. Hydrogen transmission and storage infrastructure should also be included in the Union-wide ten-year network development plan so as to allow a comprehensive and consistent assessment of their costs and benefits for the energy system, including their contribution to sector integration and decarbonisation, with the aim of creating a hydrogen backbone for the Union. |
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29 A hydrogen strategy for a climate-neutral Europe, COM(2020) 301 final. |
29 A hydrogen strategy for a climate-neutral Europe, COM(2020) 301 final. |
Amendment 11
Proposal for a regulation
Recital 15
|
|
Text proposed by the Commission |
Amendment |
(15) Moreover, a new infrastructure category should be created for smart gas grids to support investments which integrate renewable and low carbon gases such as biogas, biomethane, and hydrogen, in the network and help manage a resulting more complex system, building on innovative digital technologies. |
(15) Moreover, a new infrastructure category should be created for smart gas grids to facilitate large-scale connection for individual consumers, to support investments which integrate renewable and low carbon gases such as biogas, biomethane, and hydrogen, in the network and help manage a resulting more complex system, building on innovative digital technologies as well as technological, mechanical or engineering solutions aiming to improve gas quality and grid management . |
Amendment 12
Proposal for a regulation
Recital 16
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|
Text proposed by the Commission |
Amendment |
(16) Regulation (EU) No 347/2013 requires a candidate project of common interest to prove a significant contribution to at least one criterion from a set of criteria in the process for the elaboration of the Union list, which may, but does not need to, include sustainability. That requirement, in line with the specific needs of the internal energy market at the time, enabled development of projects of common interest which addressed only security of supply risks even if they did not demonstrate benefits in terms of sustainability. However, given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which “Union expenditure should be consistent with Paris Agreement objectives and the "do no harm" principle of the European Green Deal, sustainability in terms of the integration of renewable energy sources into the grid or the reduction of greenhouse gas emissions, as relevant, should be assessed in order to ensure that TEN-E policy is coherent with energy and climate policy objectives of the Union. The sustainability of CO2 transport networks is addressed by their purpose to transport carbon dioxide. |
(16) Regulation (EU) No 347/2013 requires a candidate project of common interest to prove a significant contribution to at least one criterion from a set of criteria in the process for the elaboration of the Union list, which may, but does not need to, include sustainability. That requirement, in line with the specific needs of the internal energy market at the time, enabled development of projects of common interest which addressed only security of supply risks even if they did not demonstrate benefits in terms of sustainability. However, given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which “Union expenditure should be consistent with Paris Agreement objectives and the "do no harm" principle of the European Green Deal, sustainability in terms of the integration of renewable energy sources into the grid or the reduction of greenhouse gas emissions, as relevant, should be assessed in order to ensure that TEN-E policy is coherent with energy and climate policy objectives of the Union taking into account the various specificities of each Member State and the needs to follow different pathways towards decarbonisation, as to leave no one behind in the end. The sustainability of CO2 transport networks is addressed by their purpose to transport carbon dioxide. |
Amendment 13
Proposal for a regulation
Recital 17
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|
Text proposed by the Commission |
Amendment |
(17) The Union should facilitate infrastructure projects linking the Union’s energy networks with third-country networks that are mutually beneficial and necessary for the energy transition and the achievement of the climate targets, and which also meet the specific criteria of the relevant infrastructure categories pursuant to this Regulation, in particular with neighbouring countries and with countries with which the Union has established specific energy cooperation. Therefore, this Regulation should include in its scope projects of mutual interest where they are sustainable and able to demonstrate significant net socio-economic benefits for at least two Member States and at least one third country. Such projects would be eligible for inclusion in the Union list upon conditions of regulatory approximation with the Union and upon demonstrating a contribution to the Union’s overall energy and climate objectives in terms of security of supply and decarbonisation. Such regulatory alignment or convergence should be presumed for the European Economic Area or Energy Community Contracting Parties. In addition, the third country with which the Union cooperates in the development of projects of mutual interest should facilitate a similar timeline for accelerated implementation and other policy support measures, as stipulated in this Regulation. Therefore, in this Regulation, projects of mutual interest should be considered in the same manner as projects of common interest with all provisions relative to projects of common interest applying also to projects of mutual interest, unless otherwise specified. |
(17) The Union should facilitate infrastructure projects linking the Union’s energy networks with third-country networks that are mutually beneficial and necessary for the energy transition and the achievement of the climate targets, and which also meet the specific criteria of the relevant infrastructure categories pursuant to this Regulation, in particular with neighbouring countries and with countries with which the Union has established specific energy cooperation. Therefore, this Regulation must include in its scope the possibility of projects of mutual interest where they are sustainable and able to demonstrate significant net socio-economic benefits for at least two Member States and at least one third country. This to secure future and fair cooperation. Such projects would be eligible for inclusion in the Union list upon conditions of regulatory approximation with the Union and upon demonstrating a contribution to the Union’s overall energy and climate objectives in terms of security of supply and decarbonisation. Such regulatory alignment or convergence should be presumed for the European Economic Area or Energy Community Contracting Parties. In addition, the third country with which the Union cooperates in the development of projects of mutual interest should facilitate a similar timeline for accelerated implementation and other policy support measures, as stipulated in this Regulation. Therefore, in this Regulation, projects of mutual interest should be considered in the same manner as projects of common interest with all provisions relative to projects of common interest applying also to projects of mutual interest, unless otherwise specified. |
Amendment 14
Proposal for a regulation
Recital 18
|
|
Text proposed by the Commission |
Amendment |
(18) Furthermore, to achieve the Union’s 2030 and 2050 climate and energy targets and climate neutrality objective, Europe needs to significantly scale up renewable electricity generation. The existing infrastructure categories for electricity transmission and storage are crucial for the integration of the significant increase in renewable electricity generation in the power grid. In addition, that requires stepping up investment in offshore renewable energy30 . Coordinating long-term planning and development of offshore and onshore electricity grids should also be addressed. In particular, offshore infrastructure planning should move away from the project-by-project approach towards a coordinated comprehensive approach ensuring the sustainable development of integrated offshore grids in line with the offshore renewable potential of each sea basin, environmental protection and other uses of the sea. |
(18) Furthermore, to achieve the Union’s 2030 and 2050 climate and energy targets and climate neutrality objective, Europe needs to significantly scale up renewable and low carbon electricity generation. The existing infrastructure categories for electricity transmission and storage are crucial for the integration of the significant increase in renewable electricity generation in the power grid, through cross-border diversification, for example. In addition, that requires stepping up investments in offshore renewable energy to make this technology mature and more cost-efficient. Coordinating long-term planning and development of offshore and onshore electricity grids should also be addressed. In particular, offshore infrastructure planning should move away from the project-by-project approach towards a coordinated comprehensive approach ensuring the sustainable development of integrated offshore grids in line with the offshore renewable potential of each sea basin, environmental protection and other uses of the sea. |
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30 Offshore Strategy Communication |
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Amendment 15
Proposal for a regulation
Recital 20
|
|
Text proposed by the Commission |
Amendment |
(20) The Union-wide ten-year network development plan process as basis for the identification of projects of common interest in the categories of electricity and gas has proven to be effective. However, while the European Network of Transmission System Operators for Electricity and for Gas (ENTSOs) and transmission system operators have an important role to play in the process, more scrutiny is required, in particular as regards defining the scenarios for the future, identifying long-term infrastructure gaps and bottlenecks and assessing individual projects, to enhance trust in the process. Therefore, due to the need for independent validation, the Agency for the Cooperation of Energy Regulators (‘the Agency’) and the Commission should have an increased role in the process, including in the process for drawing up the Union-wide ten-year network development plan pursuant to Regulation (EU) 2019/943 of the European Parliament and of the Council31 and Regulation (EC) No 715/2009 of the European Parliament and of the Council32 . |
(20) The Union-wide ten-year network development plan process as basis for the identification of projects of common interest in the categories of electricity and gas has proven to be effective. However, while the European Network of Transmission System Operators for Electricity and for Gas (ENTSOs) and transmission system operators have an important role to play in the process, more transparency and scrutiny is required, in particular as regards defining the scenarios for the future, identifying long-term infrastructure gaps and bottlenecks and assessing individual projects, to enhance trust in the process. Therefore, due to the need for independent validation and expertise, the Agency for the Cooperation of Energy Regulators (‘the Agency’) and the Commission should have an increased role in the process, including in the process for drawing up the Union-wide ten-year network development plan pursuant to Regulation (EU) 2019/943 of the European Parliament and of the Council31 and Regulation (EC) No 715/2009 of the European Parliament and of the Council32 . The process should be made in the most effective manner possible to avoid duplication. |
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31 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54). |
31 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54). |
32 Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ L 211, 14.8.2009, p. 36). |
32 Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ L 211, 14.8.2009, p. 36). |
Amendment 16
Proposal for a regulation
Recital 22
|
|
Text proposed by the Commission |
Amendment |
(22) To ensure voltage and frequency stability, particular attention should be given to the stability of the European electricity network under the changing conditions, especially in view of the growing share of renewable electricity. |
(22) To ensure voltage and frequency stability, particular attention should be given to the stability of the European, national and regional electricity network under the changing conditions, especially in view of the growing share of renewable electricity. |
Amendment 17
Proposal for a regulation
Recital 23
|
|
Text proposed by the Commission |
Amendment |
(23) Following close consultations with all Member States and stakeholders, the Commission has identified 13 strategic trans-European energy infrastructure priorities, the implementation of which is essential for the achievement of the Union’s 2030 and 2050 energy and climate policy targets. Those priorities cover different geographic regions or thematic areas in the field of electricity transmission and storage, offshore grids for renewable energy, hydrogen transmission and storage, electrolysers, smart gas grids, smart electricity grids, and carbon dioxide transport. |
(23) Following close consultations with all Member States and stakeholders, the Commission has identified 13 strategic trans-European energy infrastructure priorities, the implementation of which is essential for the achievement of the Union’s 2030 and 2050 energy and climate policy targets. Those priorities cover different geographic regions or thematic areas in the field of electricity transmission and storage, offshore grids for renewable energy, hydrogen transmission and storage, electrolysers, smart gas grids, smart electricity grids, and carbon dioxide transport and storage. |
Amendment 18
Proposal for a regulation
Recital 23 a (new)
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|
Text proposed by the Commission |
Amendment |
|
(23a) Projects of common interest should take into account the principle “no one is left behind” and the special situation of remote, rural, and mountain areas, areas undergoing depopulation, islands, and areas with significant brownfield sites which can make a vital contribution to achieving the 2050 climate neutrality objective given the fact that some of these regions are focusing on local energy production from renewable sources with the aim of becoming self-sufficient, of combating the weakening and erosion of the economic and social fabric in these areas. |
Amendment 19
Proposal for a regulation
Recital 25
|
|
Text proposed by the Commission |
Amendment |
(25) Regional groups should be established for the purpose of proposing and reviewing projects of common interest, leading to the establishment of regional lists of projects of common interest. In order to ensure broad consensus, those regional groups should ensure close cooperation between Member States, national regulatory authorities, project promoters and relevant stakeholders. In the context of that cooperation, national regulatory authorities should, where necessary, advise the regional groups, inter alia on the feasibility of the regulatory aspects of proposed projects and on the feasibility of the proposed timetable for regulatory approval. |
(25) Regional groups should be established for the purpose of proposing and reviewing projects of common interest, leading to the establishment of regional lists of projects of common interest. In order to ensure broad consensus, those regional groups should ensure close cooperation between Member States, national regulatory authorities, project promoters and relevant stakeholders. In the context of that cooperation, national regulatory authorities should, where necessary, advise the regional groups, inter alia on the feasibility of the regulatory aspects of proposed projects and on the feasibility of the proposed timetable for regulatory approval. The regional groups should strive for utmost transparency and accountability. |
Amendment 20
Proposal for a regulation
Recital 25 a (new)
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|
Text proposed by the Commission |
Amendment |
|
(25a) In order to increase efficiency and pan-European integration the cooperation between the regional groups should be strengthened and further encouraged. The Commission plays an important role to facilitate this cooperation also in view of addressing possible impacts of projects on other regional groups. |
Amendment 21
Proposal for a regulation
Recital 26
|
|
Text proposed by the Commission |
Amendment |
(26) A new Union list of project of common interest (‘Union list’) should be established every two years. Projects of common interest that are completed or that no longer fulfil the relevant criteria and requirements as set out in this Regulation should not appear on the next Union list. For that reason, existing projects of common interest that are to be included in the next Union list should be subject to the same selection process for the establishment of regional lists and for the establishment of the Union list applied to proposed projects. However the resulting administrative burden should be reduced as much as possible, for example by using to the extent possible information submitted previously, and by taking account of the annual reports of the project promoters. To that end, existing projects of common interest that have made significant progress should benefit from a streamlined inclusion process in the Union-wide ten-year network development plan. |
(26) A new Union list of project of common interest (‘Union list’) should be established every two years. Projects of common interest that are completed or that no longer fulfil the relevant criteria and requirements as set out in this Regulation should not appear on the next Union list. However PCI projects which have reached sufficient maturity (under construction or in permitting), are part of the national development strategic plans and are demonstrating steady and concrete progress, as per their implementation plan, should be automatically re-confirmed in the future PCI lists until their commissioning without imposing reapplication by project promoters. The resulting administrative burden should be reduced as much as possible, for example by using to the extent possible information submitted previously, and taking account of the annual reports of the project promoters. To that end, existing projects of common interest that have made significant progress should benefit from a streamlined inclusion process in the Union-wide ten-year network development plan. |
Amendment 22
Proposal for a regulation
Recital 33
|
|
Text proposed by the Commission |
Amendment |
(33) In order to simplify and expedite the permitting process for offshore grids for renewable energy, the Member States around a particular sea basin should create unique points of contact, referred to as an ‘offshore one-stop shop’, in view of regional specificities and geography, for the for facilitating and coordinating the process of granting of permits to such projects. Moreover, the establishment of a one-stop shop per sea basin for offshore grids for renewable energy should reduce complexity, increase efficiency and speed up the permitting process of offshore transmission assets often crossing many jurisdictions. |
(33) In order to simplify and expedite the permitting process for offshore grids for renewable energy, the Member States around a particular sea basin should create unique points of contact, referred to as an ‘offshore one-stop shop’, in view of how the regional specificities and geography are being taken into account, for the for facilitating and coordinating the process of granting of permits to such projects. Moreover, the establishment of a one-stop shop per sea basin for offshore grids for renewable energy should reduce complexity, increase efficiency and speed up the permitting process of offshore transmission assets often crossing many jurisdictions. |
Amendment 23
Proposal for a regulation
Recital 36
|
|
Text proposed by the Commission |
Amendment |
(36) It is important to streamline and improve the process of permit granting, while respecting to the extent possible with due regard to the principle of subsidiarity, national competences and procedures for the construction of new infrastructure. Given the urgency of developing energy infrastructures, the simplification of the process of permit granting should set out a clear time limit for the decision of the respective authorities regarding the construction of the project. That time limit should stimulate a more efficient definition and handling of procedures, and should under no circumstances compromise the high standards for the protection of the environment in line with environmental legislation and public participation. This Regulation should establish maximum time limits, however Member States can strive to achieve shorter time limits where feasible and, in particular, as regards projects like smart grids, which may not require a complex permitting processes as that for transmission infrastructure. The competent authorities should be responsible for ensuring compliance with the time limits. |
(36) It is important to streamline and improve the process of permit granting, while respecting to the extent possible with due regard to the principle of subsidiarity, regional energy resources, national competences and procedures for the construction of new infrastructure. Given the urgency of developing energy infrastructures, the simplification of the process of permit granting should set out a clear time limit for the decision of the respective authorities regarding the construction of the project. That time limit should stimulate a more efficient definition and handling of procedures, and should under no circumstances compromise the high standards for the protection of the environment in line with environmental legislation and public participation. This Regulation should establish maximum time limits, however Member States can strive to achieve shorter time limits where feasible and, in particular, as regards projects like smart grids, which may not require a complex permitting processes as that for transmission infrastructure. The competent authorities should be responsible for ensuring compliance with the time limits. |
Amendment 24
Proposal for a regulation
Recital 37
|
|
Text proposed by the Commission |
Amendment |
(37) Member States can include in comprehensive decisions, where appropriate, decisions taken in the context of negotiations with individual landowners to grant access to, ownership of, or a right to occupy property, spatial planning which determines the general land use of a defined region, including other developments such as highways, railways, buildings and nature protection areas, which is not undertaken for the specific purpose of the planned project and granting of operational permits. In the context of the permit granting process, a project of common interest can include related infrastructure to the extent that it is essential for the construction or functioning of the project. This Regulation, in particular the provisions on permit granting, public participation and the implementation of projects of common interest, should apply without prejudice to international and Union law, including provisions to protect the environment and human health, and provisions adopted under the Common Fisheries and Maritime Policy, in particular Directive 2014/89/EU of the European Parliament and of the Council40. |
(37) Member States should include in comprehensive decisions, where appropriate, decisions based on ex-ante studies and taken in the context of negotiations with individual landowners to grant access to, ownership of, or a right to occupy property, spatial planning which determines the general land use of a defined region, including other developments such as highways, railways, buildings and nature protection areas, which is not undertaken for the specific purpose of the planned project and granting of operational permits. Inclusion of a land in the spatial planning of these projects should not interfere with the eligibility for other projects in the implementation stage in other EU programmes, due to the change of the category of land use; the inclusion in the energy infrastructure project should lead to a reassessment of the objectives of the pre-existing projects in the implementation stage, but not to ineligibility. In the context of the permit granting process, a project of common interest can include related infrastructure to the extent that it is essential for the construction or functioning of the project. This Regulation, in particular the provisions on permit granting, public participation and the implementation of projects of common interest, should apply without prejudice to international and Union law, including provisions to protect the environment and human health, and provisions adopted under the Common Fisheries and Maritime Policy, in particular Directive 2014/89/EU of the European Parliament and of the Council40. |
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40 Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning, OJ L 257, 28.8.2014, p. 135 |
40 Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning, OJ L 257, 28.8.2014, p. 135 |
Amendment 25
Proposal for a regulation
Recital 38
|
|
Text proposed by the Commission |
Amendment |
(38) The costs for the development, construction, operation and maintenance of projects of common interest should in general be fully borne by the users of the infrastructure. Projects of common interest should be eligible for cross-border cost allocation where an assessment of market demand or of the expected effects on the tariffs indicate that costs cannot be expected to be recovered by the tariffs paid by the infrastructure users. |
(38) The costs for the development, construction, operation and maintenance of projects of common interest should in general be borne by the interested investors and not just end-users of the infrastructure. When allocating costs, it should be taken into account, that end-users will not be disproportionately burdened, especially if the later could lead to energy poverty. Projects of common interest should be eligible for cross-border cost allocation where an assessment of market demand or of the expected effects on the tariffs indicate that costs cannot be expected to be recovered by the tariffs paid by the infrastructure users. |
Amendment 26
Proposal for a regulation
Recital 39
|
|
Text proposed by the Commission |
Amendment |
(39) The discussion on the appropriate allocation of costs should be based on the analysis of the costs and benefits of an infrastructure project carried out on the basis of a harmonised methodology for energy-system-wide analysis, using the same scenario used at the time when the project was included in the Union list of projects of common interest, in the framework of the Union-wide ten-year network development plans prepared by the European Networks of Transmission System Operators pursuant to Regulation (EU) 2019/943 and (EC) No 715/2009, and reviewed by the Agency. That analysis can take into consideration indicators and corresponding reference values for the comparison of unit investment costs. |
(39) The discussion on the appropriate allocation of costs should be based on the analysis of the costs and benefits of an infrastructure project carried out on the basis of a harmonised methodology for energy-system-wide analysis, using the same scenario used at the time when the project was included in the Union list of projects of common interest, in the framework of the Union-wide ten-year network development plans prepared by the Agency. That analysis can take into consideration indicators and corresponding reference values for the comparison of unit investment costs. |
Amendment 27
Proposal for a regulation
Recital 41
|
|
Text proposed by the Commission |
Amendment |
(41) The internal energy market legislation requires that tariffs for access to networks provide appropriate incentives for investment. However, several types of projects of common interest are likely to bring externalities that can possibly not be fully captured in and recovered through the regular tariff system. In applying the internal energy market legislation, national regulatory authorities should ensure a stable and predictable regulatory and financial framework with incentives for projects of common interest, including long-term incentives, that are commensurate with the level of specific risk of the project. That should apply in particular to cross-border projects, innovative transmission technologies for electricity allowing for large scale integration of renewable energy, of distributed energy resources or of demand response in interconnected networks, and energy technology and digitalisation projects which are likely to incur higher risks than similar projects located within one Member State, or, promise higher benefits for the Union. Moreover, projects with high operational expenditure should also have access to appropriate incentives for investment. In particular, offshore grids for renewable energy which serve the dual functionality of electricity interconnectors and connecting renewable offshore generation projects, are likely to incur higher risks than comparable onshore infrastructure projects, due to their intrinsic connection to generation assets which brings regulatory risks, financing risks such as the need for anticipatory investments, market risks and risks pertaining to the use of new innovative technologies. |
(41) The internal energy market legislation requires that tariffs for access to networks provide appropriate incentives for investment. However, several types of projects of common interest are likely to bring externalities that can possibly not be fully captured in and recovered through the regular tariff system. In applying the internal energy market legislation, national regulatory authorities should ensure a stable and predictable regulatory and financial framework with incentives for projects of common interest, including long-term incentives, that are commensurate with the level of specific risk of the project. That should apply in particular to cross-border projects, innovative transmission technologies for electricity allowing for large scale integration of renewable and low carbon energy, of distributed energy resources or of demand response in interconnected networks, and energy technology and digitalisation projects which are likely to incur higher risks than similar projects located within one Member State, or, promise higher benefits for the Union. Moreover, projects with high operational expenditure should also have access to appropriate incentives for investment. In particular, offshore grids for renewable energy which serve the dual functionality of electricity interconnectors and connecting renewable offshore generation projects, are likely to incur higher risks than comparable onshore infrastructure projects, due to their intrinsic connection to generation assets which brings regulatory risks, financing risks such as the need for anticipatory investments, market risks and risks pertaining to the use of new innovative technologies. |
Amendment 28
Proposal for a regulation
Recital 43
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Text proposed by the Commission |
Amendment |
(43) Member States that currently do not attribute the highest national significance possible to energy infrastructure projects as regards the process of permit granting, should be encouraged to consider introducing such a high national significance, in particular by evaluating whether that would lead to a quicker permit granting process. |
deleted |
Amendment 29
Proposal for a regulation
Recital 47
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Text proposed by the Commission |
Amendment |
(47) Grants for works related to projects of mutual interest should be available only for the investments located on the territory of the Union and only in case where at least two Member States contribute financially in a significant manner to the investment costs of the project in view of its benefits. |
(47) Grants for works related to projects of mutual interest should be available in case where at least one Member State contributes financially in a significant manner to the investment costs of the project in view of its benefits. |
Amendment 30
Proposal for a regulation
Article 1 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. This Regulation lays down guidelines for the timely development and interoperability of the priority corridors and areas of trans-European energy infrastructure set out in Annex I (‘energy infrastructure priority corridors and areas’) that contribute to the Union’s 2030 climate and energy targets and the climate neutrality objective by 2050. |
1. This Regulation lays down guidelines for the timely development and interoperability of the priority corridors and areas of trans-European energy infrastructure set out in Annex I (‘energy infrastructure priority corridors and areas’) that contribute to the integration of the Union’s energy markets, security of energy supply, affordability of energy carriers and that are also in line with the Union’s 2030 climate and energy targets and the climate neutrality objective by 2050, taking into account the cohesion policy, making sure that no region is left behind and taking account of the Union, regional and national development strategies and the fast development of the electric mobility. |
Amendment 31
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
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Text proposed by the Commission |
Amendment |
In addition to the definitions in Directives 2009/73/EC, (EU) 2018/200146 and (EU) 2019/944 of the European Parliament and of the Council and in Regulations (EC) No 715/2009, (EU) 2019/942, and (EU) 2019/943, the following definitions shall apply for the purposes of this Regulation: |
In addition to the definitions in Directives 2009/73/EC, (EU) 2018/200146 and (EU)2019/944 of the European Parliament and of the Council and in Regulations (EC)No 715/2009, (EU) 2018/1999, (EU) 2019/942, and (EU) 2019/943, the following definitions shall apply for the purposes of this Regulation: |
_________________ |
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46 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82 |
46 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82 |
Amendment 32
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
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Text proposed by the Commission |
Amendment |
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(1b) “security of supply or energy security” means the continuous and uninterrupted availability of energy by increasing efficiency and interoperability of transmission and distribution networks, promoting system flexibility, avoiding congestions, ensuring resilient supply chains, cybersecurity and the protection and climate adaptation of all, and in particular, ‘critical’ infrastructure while reducing strategic energy dependencies. |
Amendment 33
Proposal for a regulation
Article 2 – paragraph 1 – point 4
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Text proposed by the Commission |
Amendment |
(4) ‘project of common interest’ means a project necessary to implement the energy infrastructure priority corridors and areas set out in Annex I and which is part of the Union list of projects of common interest referred to in Article 3; |
(4) ‘project of common interest’ means a project necessary to implement the energy infrastructure priority corridors and areas set out in Annex I considering the development strategies of the Member States and of the regions where the project will be implemented, leading to sustainable economic growth, competitiveness and social development and which is part of the Union list of projects of common interest referred to in Article 3 and/or projects set out in Annex II developed in less connected, peripheral, outermost or isolated regions, such as island Member States or non interconnected or sufficiently connected islands located in the territory of the EU; |
Amendment 34
Proposal for a regulation
Article 2 – paragraph 1 – point 4 a (new)
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Text proposed by the Commission |
Amendment |
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(4a) ‘natural gas project of common interest at an advanced implementation stage or at a mature level’ means an existing natural gas ‘project of common interest’ which by the end of 2023 is in permitting stage or under construction or for which a Connecting Europe Facility grant agreement for works or studies has been concluded by this date; |
Amendment 35
Proposal for a regulation
Article 2 – paragraph 1 – point 5
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Text proposed by the Commission |
Amendment |
(5) ‘project of mutual interest’ means a project promoted by the Union in cooperation with third countries; |
(5) ‘project of mutual interest’ means a project promoted by the Union in cooperation with third countries, respecting the rule of law and taking account of the development strategies of the Member States and of the regions where the project will be implemented, leading to economic growth, competitiveness and social development; |
Amendment 36
Proposal for a regulation
Article 2 – paragraph 1 – point 8
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Text proposed by the Commission |
Amendment |
(8) ‘smart electricity grid’ means an electricity network where the grid operator can digitally monitor the actions of the users connected to it, and information and communication technologies (ICT) for communicating with related grid operators, generators, consumers and/or prosumers, with a view to transmitting electricity in a sustainable, cost-efficient and secure way; |
(8) ‘smart electricity grid’ means an electricity network where the grid operator can digitally monitor the actions of the users connected to it, and information and communication technologies (ICT) for communicating with related grid operators, generators, energy storage, consumers and/or prosumers, with a view to transmitting electricity in a sustainable, cost-efficient and secure way; promoting renewable energy sources and enabling the energy system integration; |
Amendment 37
Proposal for a regulation
Article 2 – paragraph 1 – point 9
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Text proposed by the Commission |
Amendment |
(9) ‘smart gas grid’ means a gas network that makes use of innovative digital solutions to integrate in a cost efficient manner a plurality of low-carbon and renewable gas sources in accordance with consumers’ needs and gas quality requirements in order to reduce the carbon footprint of the related gas consumption, enable an increased share of renewable and low-carbon gases, and create links with other energy carriers and sectors; |
(9) ‘smart gas grid’ means a gas network that makes use of innovative digital, technological, engineering or mechanical solutions in the view of integrating in a cost efficient manner a plurality of low-carbon and renewable gas sources and their blends with methane in accordance with consumers’ needs, gas quality and system's safety requirements enabling the reduction of the carbon footprint of the related gas consumption, and an increased share of renewable and low-carbon gases, as well as creating links with other energy carriers and sectors; |
Amendment 38
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
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Text proposed by the Commission |
Amendment |
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(9a) ‘repurposing’ means the technical upgrade or modification of existing natural gas infrastructure for dedicated transmission of pure hydrogen; |
Amendment 39
Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
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Text proposed by the Commission |
Amendment |
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(9b) ‘retrofitting’ means the technical upgrade or modification of existing natural gas infrastructure to enable or increase blending of hydrogen or biomethane with methane; |
Amendment 40
Proposal for a regulation
Article 2 – paragraph 1 – point 9 c (new)
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Text proposed by the Commission |
Amendment |
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(9c) ‘blending’ means the admixture of hydrogen or biomethane with methane at a pre-defined level. |
Amendment 41
Proposal for a regulation
Article 3 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. Each Group shall adopt its own rules of procedure, having regard to the provisions set out in Annex III. |
2. Each Group shall adopt its own rules of procedure, having regard to the provisions set out in Annex III, which shall also include rules regarding the prevention of any conflict of interest and the application of the principle of transparency . |
Amendment 42
Proposal for a regulation
Article 3 – paragraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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2a. Groups shall cooperate with each other, where appropriate, and the Commission shall ensure and facilitate cooperation in particular when projects have an impact on other Groups. |
Amendment 43
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
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Text proposed by the Commission |
Amendment |
3. The decision-making body of each Group shall adopt a regional list of proposed projects of common interest drawn up in accordance with the process set out in Section 2 of Annex III, the contribution of each project to implementing the energy infrastructure priority corridors and areas and their fulfilment of the criteria set out in Article 4. |
3. The decision-making body of each Group shall adopt a regional list of proposed projects of common interest drawn up in accordance with the process set out in Section 2 of Annex III, with an estimated timetable, the contribution of each project to implementing the energy infrastructure priority corridors and areas and their fulfilment of the criteria set out in Article 4. |
Amendment 44
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2 – point a
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Text proposed by the Commission |
Amendment |
(a) each individual proposal for a project of common interest shall require the approval of the states, to whose territory the project relates; where a state does not to give its approval, it shall present its substantiated reasons for doing so to the Group concerned; |
(a) each individual proposal for a project of common interest shall require the approval of the states, to whose territory the project relates; where a state does not to give its approval, it shall present its substantiated reasons for doing so to the Group concerned; if the project is of major importance for the development of at least two other Member States and for reducing the social and economic gap, the project proposed shall be deemed approved if the project promoter and the investors finance the project on the territory of the Member State that did not give the approval; the Member State concerned shall apply the rules and regulations for permit granting for projects of common interest; |
Amendment 45
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2 – point b a (new)
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Text proposed by the Commission |
Amendment |
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(ba) it shall make public its methodology, including the criteria and weighting used to rank projects for its draft and final regional lists. |
Amendment 46
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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When proposing a new project or a list of projects, the project promoter shall consider the synergies with the regional and national development plans and strategies, especially with the electric mobility development strategy and with other development projects in the area, taking into account the contribution of the project to the strive towards carbon neutrality; |
Amendment 47
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1
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Text proposed by the Commission |
Amendment |
The Commission shall be empowered to adopt delegated acts in accordance with Article 20 of this Regulation amending annexes to this Regulation in order to establish the Union list of projects of common interest (‘Union list’), subject to the second paragraph of Article 172 of the Treaty on the Functioning of the European Union. |
The Commission shall be empowered to adopt delegated acts in accordance with Article 20 of this Regulation in order to establish the Union list of projects of common interest (‘Union list’), subject to the second paragraph of Article 172 of the Treaty on the Functioning of the European Union. The Union list shall not exclude gas infrastructure where this solution clearly proves to bring a significant contribution to the decarbonisation of the energy system in the region and to the social and economic development of the area considering the cohesion targets of the Union. Furthermore, the Union list shall consider the development needs of different member states and the economic and social impact the new energy infrastructure could bring in the area based on the request from the Member States, the stakeholders and on social and economic assessments, considering also the synergies with other strategies like the one for the electric mobility. |
Amendment 48
Proposal for a regulation
Article 3 – paragraph 5 – point b
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Text proposed by the Commission |
Amendment |
(b) ensure cross-regional consistency, taking into account the opinion of the Agency for the Cooperation of Energy Regulator (‘the Agency’) as referred to in point (12) of Section 2 of Annex III; |
(b) ensure cross-regional coordination and consistency, the synergies with the cohesion policy and with the development strategies, taking into account the opinion of the Agency for the Cooperation of Energy Regulator (‘the Agency’) as referred to in point (12) of Section 2 of Annex III; |
Amendment 49
Proposal for a regulation
Article 4 – paragraph 1 – point b
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Text proposed by the Commission |
Amendment |
(b) the potential overall benefits of the project, assessed according to the respective specific criteria in paragraph 3, outweigh its costs, including in the longer term; |
(b) the potential overall benefits of the project, economic, social and environmental benefits and benefits for the establishment of an integrated energy single market, assessed according to the respective specific criteria in paragraph 3, outweigh its costs,including in the longer term; |
Amendment 50
Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii
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Text proposed by the Commission |
Amendment |
(ii) is located on the territory of one Member State and has a significant cross-border impact as set out in point (1) of Annex IV. |
(ii) is located on the territory of one Member State and has a significant cross-border impact or potential to create such an impact, as set out in point (1) of Annex IV. |
Amendment 51
Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii a (new)
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Text proposed by the Commission |
Amendment |
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ii a) is located on islands non interconnected or non-sufficiently connected to the trans-European energy networks. |
Amendment 52
Proposal for a regulation
Article 4 – paragraph 2 – point a
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Text proposed by the Commission |
Amendment |
(a) the project contributes significantly to the decarbonisation objectives of the Union and those of the third country and to sustainability, including through the integration of renewable energy into the grid and the transmission of renewable generation to major consumption centres and storage sites, and; |
(a) the project contributes significantly to the decarbonisation objectives of the Union and those of the third country, and to the sustainable economic and social development of the areas of implementation, including through the integration of renewable and low-carbon energy into the grid and the transmission of renewable and low-carbon generation in both directions to major consumption centres and storage sites, and; |
Amendment 53
Proposal for a regulation
Article 4 – paragraph 2 – point b
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Text proposed by the Commission |
Amendment |
(b) the potential overall benefits of the project, assessed in accordance with the respective specific criteria in paragraph 3, outweigh its costs, including in the longer term; |
(b) the potential overall benefits of the project, considering economic, social and environmental aspects, assessed in accordance with the respective specific criteria in paragraph 3, outweigh its costs, including in the longer term; |
Amendment 54
Proposal for a regulation
Article 4 – paragraph 2 – point d
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Text proposed by the Commission |
Amendment |
(d) for the part located on Union territory, the project is in line with Directives 2009/73/EC and (EU) 2019/944 where it falls within the infrastructure categories described in points (1) and (3) of Annex II; |
(d) the project is in line with Directives 2009/73/EC and (EU) 2019/944 where it falls within the infrastructure categories described in points (1) and (3) of Annex II; |
Amendment 55
Proposal for a regulation
Article 4 – paragraph 2 – point e – point ii
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Text proposed by the Commission |
Amendment |
ii) security of energy supplies based on cooperation and solidarity; |
ii) security of energy supplies based on a diversification of energy sources, cooperation and solidarity; |
Amendment 56
Proposal for a regulation
Article 4 – paragraph 2 – point e – point iii a (new)
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Text proposed by the Commission |
Amendment |
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iii a) a well-functioning society from the economic and social point of view with respect for the rule of law and democratic values; |
Amendment 57
Proposal for a regulation
Article 4 – paragraph 2 – point e – point iii b (new)
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Text proposed by the Commission |
Amendment |
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iii b) synergies with other development policies and programs in the area; |
Amendment 58
Proposal for a regulation
Article 4 – paragraph 2 – point f a (new)
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Text proposed by the Commission |
Amendment |
|
(fa) the project ensures interoperability between natural gas and hydrogen transportation thanks to the development of natural gas transmission pipelines ready for the transportation of hydrogen and the setting of a date for the complete move from the transport of natural gas to the transport of hydrogen which should be aligned with National Climate and Energy Plans and support the objectives of the EU hydrogen strategy; |
Amendment 59
Proposal for a regulation
Article 4 – paragraph 3 – point a – introductory part
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Text proposed by the Commission |
Amendment |
(a) for electricity transmission and storage projects falling under the energy infrastructure categories set out in points (1)(a), (b), (c) and (e) of Annex II, the project is to contribute significantly to sustainability through the integration of renewable energy into the grid and the transmission of renewable generation to major consumption centres and storage sites, and at least one of the following specific criteria: |
(a) for electricity transmission and storage projects falling under the energy infrastructure categories set out in points (1)(a), (b), (c) and (e) of Annex II, the project is to contribute significantly to sustainability through the integration of renewable and low-carbon energy into the grid and the transmission of renewable and low-carbon generation to major consumption centres and storage sites, and at least one of the following specific criteria: |
Amendment 60
Proposal for a regulation
Article 4 – paragraph 3 – point a – point ii
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Text proposed by the Commission |
Amendment |
(ii) security of supply, including through interoperability, system flexibility, cybersecurity, appropriate connections and secure and reliable system operation. |
(ii) security of supply, including through interoperability, system flexibility, cybersecurity, appropriate connections and secure and reliable system operation, as well as the designation of alternative power supply systems for emergency situations. |
Amendment 61
Proposal for a regulation
Article 4 – paragraph 3 – point a – point ii a (new)
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Text proposed by the Commission |
Amendment |
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ii a) the implementation of the regional development strategies, the economic and social growth of the areas, taking also account of the national and local energy policy and strategies and of the expected significant increase in power demand from the transport sector, in particular for electric vehicles along highways, national roads and in urban areas. |
Amendment 62
Proposal for a regulation
Article 4 – paragraph 3 – point b – introductory part
|
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Text proposed by the Commission |
Amendment |
(b) for smart electricity grid projects falling under the energy infrastructure category set out in point (1)(d) of Annex II, the project is to contribute significantly to sustainability through the integration of renewable energy into the grid, and at least two of the following specific criteria: |
(b) for smart electricity grid projects falling under the energy infrastructure category set out in point(1)(d) of Annex II, the project is to contribute significantly to sustainability through the integration of renewable energy into the grid, and at least one of the following specific criteria: |
Amendment 63
Proposal for a regulation
Article 4 – paragraph 3 – point b – point iii a (new)
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Text proposed by the Commission |
Amendment |
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iii a) the implementation of the regional development strategies, the economic and social growth of the areas, taking also account of the national and local energy policy and strategies. |
Amendment 64
Proposal for a regulation
Article 4 – paragraph 3 – point b – point iii b (new)
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Text proposed by the Commission |
Amendment |
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(iii b) facilitating smart sector integration in a wider way in favouring synergies and coordination between energy, transport and telecommunication sectors. |
Amendment 65
Proposal for a regulation
Article 4 – paragraph 3 – point c – point iii a (new)
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Text proposed by the Commission |
Amendment |
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iii a) the implementation of the regional development strategies, the economic and social growth of the areas, taking also account of the national and local energy policy and strategies. |
Amendment 66
Proposal for a regulation
Article 4 – paragraph 3 – point d – introductory part
|
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Text proposed by the Commission |
Amendment |
(d) for hydrogen projects falling under the energy infrastructure categories set out in point (3) of Annex II the project is to contribute significantly to sustainability, including by reducing greenhouse gas emissions, by enhancing the deployment of renewable hydrogen and supporting variable renewable power generation by offering flexibility and/or storage solutions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria: |
(d) for hydrogen projects falling under the energy infrastructure categories set out in point (3) of Annex II the project is to contribute significantly to sustainability, including by reducing greenhouse gas emissions, by enhancing the deployment of renewable and low-carbon hydrogen and other safe and sustainable technologies, supporting variable renewable and low-carbon power generation by offering flexibility and/or storage solutions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria: |
Amendment 67
Proposal for a regulation
Article 4 – paragraph 3 – point d – point i
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Text proposed by the Commission |
Amendment |
(i) market integration, including by connecting existing or emerging hydrogen networks of Member States, or otherwise contributing to the emergence of an Union-wide network for the transport and storage of hydrogen, and ensuring interoperability of connected systems; |
(i) the integration of existing or emerging markets, including by connecting existing or emerging hydrogen networks of Member States, or otherwise contributing to the emergence of an Union-wide network for the transport and storage of hydrogen, and ensuring interoperability of connected systems; |
Amendment 68
Proposal for a regulation
Article 4 – paragraph 3 – point d – point iii a (new)
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Text proposed by the Commission |
Amendment |
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iii a) the implementation of the regional development strategies, the economic and social growth of the areas, taking also account of the national and local energy policy and strategies. |
Amendment 69
Proposal for a regulation
Article 4 – paragraph 3 – point e – point i
|
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Text proposed by the Commission |
Amendment |
(i) sustainability, including by reducing greenhouse gas emissions and enhancing the deployment of renewable hydrogen. |
(i) sustainability, including by reducing greenhouse gas emissions and enhancing the deployment of renewable or low-carbon hydrogen. |
Amendment 70
Proposal for a regulation
Article 4 – paragraph 3 – point e – point iii
|
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Text proposed by the Commission |
Amendment |
(iii) facilitating smart energy sector integration through linking different energy carriers and sectors. |
(iii) facilitating smart energy sector integration through linking different energy carriers and sectors or enabling flexibility services such as demand response and storage. |
Amendment 71
Proposal for a regulation
Article 4 – paragraph 3 – point e – point iii a (new)
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Text proposed by the Commission |
Amendment |
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iii a) the implementation of the regional development strategies, the economic and social growth of the areas, taking also account of the national and local energy policy and strategies. |
Amendment 72
Proposal for a regulation
Article 4 – paragraph 3 – point f – introductory part
|
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Text proposed by the Commission |
Amendment |
(f) for smart gas grid projects falling under the energy infrastructure category set out in point (2) of Annex II, the project is to contribute significantly to sustainability by enabling and facilitating the integration of renewable and low-carbon gases, such as biomethane, or renewable hydrogen, into the gas distribution and transmission networks in order to reduce greenhouse gas emissions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria: |
(f) for smart gas grid projects falling under the energy infrastructure category set out in point (2) of Annex II, the project is to contribute significantly to sustainability in the view of enabling and facilitating the integration of renewable and low-carbon gases, such as biomethane, renewable or low-carbon hydrogen, or synthetic gas and their blends with methane into the gas distribution and transmission networks, as well as storage systems, enabling the reduction of greenhouse gas emissions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria: |
Amendment 73
Proposal for a regulation
Article 4 – paragraph 3 – point f – point i
|
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Text proposed by the Commission |
Amendment |
(i) network security and quality of supply by improving the efficiency and interoperability of gas transmission and distribution in day-to-day network operation by, among others, addressing challenges resulting from the injection of gases of different qualities through the deployment of innovative technologies and cybersecurity; |
(i) network security and quality of supply by retrofitting, repurposing, increasing the capacity or improving the efficiency and interoperability of gas transmission and distribution or storage systems in day-to-day network operation by, among others,addressing challenges resulting from the injection of gases of different qualities through the deployment of solutions in at least one of the following areas: innovative technologies, technological, mechanical, engineering improvements or cybersecurity; |
Amendment 74
Proposal for a regulation
Article 4 – paragraph 3 – point f – point iii
|
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Text proposed by the Commission |
Amendment |
(iii) facilitating smart energy sector integration through the creation of links to other energy carriers and sectors and enabling demand response. |
(iii) facilitating smart energy sector integration through the creation of reverse flows or links to other energy carriers and sectors and enabling demand response, storage and facilitating flexibility services. |
Amendment 75
Proposal for a regulation
Article 4 – paragraph 3 – point f – point iii a (new)
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Text proposed by the Commission |
Amendment |
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(iii a) the implementation of the regional development strategies, the economic and social growth of the areas, taking also account of the national and local energy policy and strategies. |
Amendment 76
Proposal for a regulation
Article 4 – paragraph 3 – point f – point iii b (new)
|
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Text proposed by the Commission |
Amendment |
|
(iii b) enabling transport of renewable or low-carbon gases from production units to the transmission or distribution network; |
Amendment 77
Proposal for a regulation
Article 4 – paragraph 3 – point f a (new)
|
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Text proposed by the Commission |
Amendment |
|
(fa) for natural gas projects of common interest at advanced implementation stage or at a mature level falling under the energy infrastructure category set out in point 5 a of Annex II, the project is to contribute significantly to at least one of the following specific criteria: |
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(i) market integration, inter alia through lifting the isolation of at least one Member State and reducing energy infrastructure bottlenecks; interoperability and system flexibility; |
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(ii) security of supply, inter alia through appropriate connections and diversification of supply sources, supplying counterparts and supply routes; |
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(iii) competition, inter alia through diversification of supply sources, supplying counterparts and supply routes; |
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(iv) sustainability, inter alia through reducing emissions, supporting intermittent renewable generation and enhancing deployment of renewable or low carbon gas; |
Amendment 78
Proposal for a regulation
Article 4 – paragraph 3 a (new)
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Text proposed by the Commission |
Amendment |
|
3a. Natural gas infrastructure shall be considered as projects of common interest and have access to Connecting Europe Facility under the category “smart gas grids” under the following criteria: |
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(a) natural gas transmission pipeline projects which enables the transition from coal to natural gas, taking into account that the pipelines fulfil all necessary sustainability measures and technical requirements to transport 100% hydrogen and allow interconnection within coal regions of at least two Member States, based on the reference to the National Climate and Energy Plans including the scope of the TYNDPs.; |
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(b) natural gas transmission pipeline projects provided that the pipelines can transport hydrogen based on the reference to the National Climate and Energy Plans including the scope of the TYNDPs. |
Amendment 79
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1 – introductory part
|
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Text proposed by the Commission |
Amendment |
In assessing projects, each Group shall give due consideration to: |
In assessing projects, to ensure a consistent assessment method among the different Groups each Group shall give due consideration to: |
Amendment 80
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1 – point a
|
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Text proposed by the Commission |
Amendment |
(a) the urgency of each proposed project in order to meet the Union energy policy targets of decarbonisation, market integration, competition, sustainability and security of supply; |
(a) the urgency of each proposed project in order to meet the Union energy policy targets of decarbonisation, market integration, competition, sustainability and security of supply, and the principle of energy efficiency first; |
Amendment 81
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2 – point a
|
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Text proposed by the Commission |
Amendment |
(a) the urgency of each proposed project in order to meet the Union energy policy targets of decarbonisation, market integration, competition, sustainability and security of supply; |
(a) the urgency of each proposed project in order to meet the Union energy policy targets of decarbonisation, market integration and integration on the internal market, competition, sustainability and security of supply and the contribution to the cohesion policy; |
Amendment 82
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
|
|
Text proposed by the Commission |
Amendment |
1. Project promoters shall draw up an implementation plan for projects of common interest, including a timetable for each of the following: |
1. Project promoters shall draw up a publicly available implementation plan for projects of common interest, including a timetable for each of the following: |
Amendment 83
Proposal for a regulation
Article 5 – paragraph 1 – point a
|
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Text proposed by the Commission |
Amendment |
(a) feasibility and design studies including, as regards, climate adaptation and compliance with environmental legislation and with the principle of “do no significant harm”; |
(a) feasibility and design studies including, as regards, climate adaptation and compliance with environmental legislation and with the principles of energy efficiency first and of “do no significant harm” to environmental objectives within the meaning of Article 17 of Regulation (EU) No 2020/852 and with the cohesion policy, leaving no one behind; |
Amendment 84
Proposal for a regulation
Article 5 – paragraph 1 – point b
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Text proposed by the Commission |
Amendment |
(b) approval by the national regulatory authority or by any other authority concerned; |
(b) a sufficiently long period for approval by the national regulatory authority or by any other authority concerned; |
Amendment 85
Proposal for a regulation
Article 5 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. TSOs, distribution system operators and other operators shall co-operate with each other in order to facilitate the development of projects of common interest in their area. |
2. TSOs, distribution system operators and other operators shall co-operate with each other in order to facilitate the development of projects of common interest in their area and, in the context of the Cohesion Policy, to address the economic, social, environmental development and regional disparities and the expected significant increase in power demand from the transport sector, in particular for electric vehicles along highways and in urban areas. |
Amendment 86
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1
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Text proposed by the Commission |
Amendment |
4. By 31 December of each year following the year of inclusion of a project of common interest on the Union list pursuant to Article 3, project promoters shall submit an annual report, for each project falling under the categories set out in points (1) to (4) of Annex II, to the competent authority referred to in Article 8. |
4. By 28 February of the second year following the year of inclusion of a project of common interest on the Union list pursuant to Article 3, project promoters shall submit an annual report, for each project falling under the categories set out in points (1) to (4) of Annex II, to the competent authority referred to in Article 8. |
Amendment 87
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 2 – introductory part
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Text proposed by the Commission |
Amendment |
That report shall include details of: |
That report shall be public and include details of: |
Amendment 88
Proposal for a regulation
Article 5 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. By 31 January, each year, the competent authorities referred to in Article 8 shall submit to the Agency and to the respective Group the report referred to in paragraph 4 of this Article supplemented with information on the progress and, where relevant, on delays in the implementation of projects of common interest located on their respective territory with regard to the permit granting processes, and on the reasons for such delays. The contribution of the competent authorities to the report shall be clearly marked as such and drafted without modifying the text introduced by the project promoters. |
5. By 31 March of each year, the competent authorities referred to in Article 8 shall submit to the Agency and to the respective Group the report referred to in paragraph 4 of this Article supplemented with information on the progress and, where relevant, on delays in the implementation of projects of common interest located on their respective territory with regard to the permit granting processes, and on the reasons for such delays. The contribution of the competent authorities to the report shall be clearly marked as such and drafted without modifying the text introduced by the project promoters. To ensure transparency, each report shall be published on the Agency’s internet site within 30 days from the submission date. |
Amendment 89
Proposal for a regulation
Article 5 – paragraph 6
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Text proposed by the Commission |
Amendment |
6. By 30 April of each year when a new Union list should be adopted, the Agency shall submit, to the Groups a consolidated report for the projects of common interest subject to the competency of national regulatory authorities, evaluating the progress achieved and make, where appropriate, recommendations on how to overcome the delays and difficulties encountered. That consolidated report shall also evaluate, in accordance with Article 5 of Regulation (EU) 2019/942, the consistent implementation of the Union-wide network development plans with regard to the energy infrastructure priority corridors and areas. |
6. By 30 June of each year when a new Union list should be adopted, the Agency shall submit, to the Groups a consolidated report for the projects of common interest subject to the competency of national regulatory authorities, evaluating the progress achieved and make, where appropriate, recommendations on how to overcome the delays and difficulties encountered. That consolidated report shall also evaluate, in accordance with Article 5 of Regulation (EU) 2019/942, the consistent implementation of the Union-wide network development plans with regard to the energy infrastructure priority corridors and areas. To ensure transparency, each report shall be published on the Agency’s internet site within 30 days from the submission date. |
Amendment 90
Proposal for a regulation
Article 5 – paragraph 6 a (new)
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Text proposed by the Commission |
Amendment |
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6a. At the Agency’s request, project promoters should provide to the Agency the implementation plan or equivalent for the purpose of carrying out the Agency’s tasks set out. |
Amendment 91
Proposal for a regulation
Article 8 – paragraph 6
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Text proposed by the Commission |
Amendment |
6. By [31 July 2022] and for each specific Regional Group per priority offshore grid corridor, as defined in Annex I, national competent authorities in Member States belonging to the respective Group, shall jointly create unique points of contact, ‘offshore one-stop shops’, for project promoters, which shall be responsible for facilitating and coordinating the permit granting process for offshore grids for renewable energy projects of common interest, taking into account also the need for coordination between the permitting process for the energy infrastructure and the one for the generation assets. The offshore one-stop shops shall act as a repository of existing sea basin studies and plans, aiming at facilitating the permitting process of individual projects of common interest and coordinate the issuance of the comprehensive decisions for such projects by the relevant national competent authorities. Each Regional Group per priority offshore grid corridor, with the assistance of the national competent authorities in the Members States belonging to the Group, shall set-up the offshore one-stop shops depending on regional specificities and geography and determine their location, resource allocation and specific rules for their functioning. |
6. By [31 July 2022] and for each specific Regional Group per priority offshore grid corridor, as defined in Annex I, national competent authorities in Member States belonging to the respective Group, shall jointly create unique points of contact, ‘offshore one-stop shops’, for project promoters, which shall be responsible for facilitating and coordinating the permit granting process for offshore grids for renewable energy projects of common interest, taking into account also the need for coordination between the permitting process for the energy infrastructure and the one for the generation assets. The offshore one-stop shops shall act as a repository of existing sea basin studies and plans, aiming at facilitating the permitting process of individual projects of common interest and energy infrastructure for offshore renewable electricity projects and coordinate the issuance of the comprehensive decisions for such projects by the relevant national competent authorities. Each Regional Group per priority offshore grid corridor, with the assistance of the national competent authorities in the Members States belonging to the Group, shall set-up the offshore one-stop shops depending on regional specificities and geography and determine their location, resource allocation and specific rules for their functioning. |
Amendment 92
Proposal for a regulation
Article 10 – paragraph 1 – point a – subparagraph 3
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Text proposed by the Commission |
Amendment |
The competent authorities shall ensure that permit granting is accelerated in line with this Chapter for each category of projects of common interest. To that end, the competent authorities shall adapt their requirements for the start of the permit granting process and for the acceptance of the submitted application file, to make them fit for projects which, that due to their nature, or smaller scale, may require less authorisations and approvals for reaching the ready-to-build phase, and, therefore, might not require the benefit of the pre-application procedure. Such smaller scale projects may include gas and electricity smart grids and electrolysers. |
The competent authorities shall ensure that the combined duration of the two procedures referred to in paragraph 1 does not exceed a period of three years and six months, including, where necessary, setting the time limits in the relevant legislation, including the environmental impact assessments. To that end, the competent authorities shall adapt their requirements for the start of the permit granting process and for the acceptance of the submitted application file, to make them fit for projects which, that due to their nature, or smaller scale, may require less authorisations and approvals for reaching the ready-to-build phase, and, therefore, might not require the benefit of the pre-application procedure. Such smaller scale projects may include gas and electricity smart grids and electrolysers. |
Amendment 93
Proposal for a regulation
Article 10 – paragraph 8 a (new)
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Text proposed by the Commission |
Amendment |
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8a. Provisions set out in this Article should be without a prejudice to any national legislation which provides more favorable treatment, particularly in terms of the time limits and the requirements for a given type of investment than those set out in this Article. Competent authorities shall ensure that the most favorable treatment applies to the projects of common interest. |
Amendment 94
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
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Text proposed by the Commission |
Amendment |
By [16 November 2022], the European Network of Transmission System Operators (ENTSO) for Electricity and the ENTSO for Gas shall publish and submit to Member States, the Commission and the Agency their respective methodologies, including the network and market modelling, for a harmonised energy system-wide cost-benefit analysis at Union level for projects of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) and point (3) of Annex II. |
By [16 November 2022], the European Network of Transmission System Operators (ENTSO) for Electricity and the ENTSO for Gas shall publish and submit to Member States, the Commission and the Agency their respective methodologies, including the network and market modelling, for a harmonised energy system-wide cost-benefit analysis at Union level for projects of common interest falling under the categories set out in points (1)(a), (b),(c) and (e) and point (3) of Annex II. The cost-benefit analysis shall take account of the objectives of the Green Deal and of the Cohesion Policy. |
Amendment 95
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
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Text proposed by the Commission |
Amendment |
Those methodologies shall be applied for the preparation of each subsequent Union–wide ten-year network development plans developed by the ENTSO for Electricity or the ENTSO for Gas pursuant to Article 8 of Regulation (EC) No 715/2009 and Article 30 of Regulation (EU) 2019/943. Those methodologies shall be drawn up in line with the principles laid down in Annex V and be consistent with the rules and indicators set out in Annex IV. |
Those methodologies shall be applied for the preparation of each subsequent Union–wide ten-year network development plans developed by the Agency. Those methodologies shall be drawn up in line with the principles laid down in Annex V and be consistent with the rules and indicators set out in Annex IV. |
Amendment 96
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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When drafting the methodologies, the ENTSO for Electricity and the ETSO for Gas shall take account of the regional development plans, Union, national and regional policies, the cohesion policy and the solutions for reducing the development disparities between Member States and between regions, and shall take into account the aim of promoting all renewable technologies and the expected significant increase in power demand from the transport sector, in particular for electric vehicles along highways, national roads and in urban areas. |
Amendment 97
Proposal for a regulation
Article 11 – paragraph 6
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Text proposed by the Commission |
Amendment |
6. Where the changes to the methodologies are considered to be of incremental nature, not affecting the definition of benefits, costs and other relevant cost-benefit parameters, as defined in the latest Energy system wide cost-benefit analysis methodology approved by the Commission, the ENTSO for Electricity and the ENTSO for Gas shall adapt their respective methodologies taking due account of the Agency’s opinion, as set out in paragraph 2, and submit them for the Agency’s approval. |
6. Where the changes to the methodologies are considered to be of incremental nature, not affecting the definition of benefits, costs and other relevant cost-benefit parameters, as defined in the latest Energy system wide cost-benefit analysis methodology approved by the Commission, the ENTSO for Electricity and the ENTSO for Gas shall adapt their respective methodologies taking due account of the Agency’s opinion, as set out in paragraph 2, and submit them for the Commission’s approval together with a document providing explanatory basis to justify the proposed changes. |
Amendment 98
Proposal for a regulation
Article 11 – paragraph 8
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Text proposed by the Commission |
Amendment |
8. Within two weeks of the approval by the Agency or the Commission in accordance with paragraphs 5 and 6, the ENTSO for Electricity and the ENTSO for Gas shall publish their respective methodologies on their websites. They shall publish the corresponding input data and other relevant network, load flow and market data in a sufficiently accurate form in accordance with national law and relevant confidentiality agreements. |
8. Within two weeks of the approval by the Commission in accordance with paragraphs 5 and 6, the ENTSO for Electricity and the ENTSO for Gas shall publish their respective methodologies on their websites. They shall publish the corresponding input data and other relevant network, load flow and market data in a sufficiently accurate form in accordance with national law and relevant confidentiality agreements. |
Amendment 99
Proposal for a regulation
Article 11 – paragraph 9
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Text proposed by the Commission |
Amendment |
9. The methodologies shall be updated and improved regularly following the procedure described in paragraphs 1 to 6. The Agency, on its own initiative or upon a duly reasoned request by national regulatory authorities or stakeholders, and after formally consulting the organisations representing all relevant stakeholders and the Commission, may request such updates and improvements with due justification and timescales. The Agency shall publish the requests by national regulatory authorities or stakeholders and all relevant non-commercially sensitive documents leading to a request from the Agency for an update or improvement. |
9. The methodologies shall be updated and improved regularly upon request from the Commission following the procedure described in paragraphs 1 to 6. The Agency, on its own initiative or upon a duly reasoned request by national regulatory authorities or stakeholders, and after formally consulting the organisations representing all relevant stakeholders and the Commission, may request such updates and improvements with due justification and timescales. The Agency shall publish the requests by national regulatory authorities or stakeholders and all relevant non-commercially sensitive documents leading to a request from the Agency for an update or improvement. |
Amendment 100
Proposal for a regulation
Article 11 – paragraph 10
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Text proposed by the Commission |
Amendment |
10. Every three years, the Agency shall establish and make publicly available a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the infrastructure categories included in points (1) and (3) of Annex II. Those reference values may be used by the ENTSO for Electricity and the ENTSO for Gas for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans. The first of such indicators shall be published by [1 November 2022]. |
10. Every three years, the Agency shall establish and make publicly available a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the infrastructure categories included in points (1) and(3) of Annex II. The first of such indicators shall be published by [1 November 2022]. |
Amendment 101
Proposal for a regulation
Article 11 – paragraph 12
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Text proposed by the Commission |
Amendment |
12. The consistent and interlinked model referred to in paragraph 11 shall cover at least the respective sectors’ interlinkages at all stages of infrastructure planning, specifically scenarios, infrastructure gaps identification in particular with respect to cross-border capacities, and projects assessment. |
12. The consistent and interlinked model referred to in paragraph 11 shall cover at least the respective sectors’ interlinkages at all stages of infrastructure planning, specifically scenarios and the infrastructure gaps identification therein in particular with respect to cross-border capacities within the scenarios, and projects assessment. The ENTSO-E and ENTSO G shall include in the interlinked model a roadmap for the future inclusion of other sectors relevant to the sound development of the electricity system and to the gas system and in accordance with the European, national and regional development strategies. |
Amendment 102
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
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Text proposed by the Commission |
Amendment |
1. By [31 July 2022], the Agency, after having conducted an extensive consultation process involving the Commission and at least the organisations representing all relevant stakeholders, including the ENTSO for Electricity, the ENTSO for Gas, Union DSO entity, and relevant hydrogen sector stakeholders, shall publish the framework guidelines for the joint scenarios to be developed by ENTSO for Electricity and ENTSO for Gas. Those guidelines shall be regularly updated as found necessary. |
1. By [31 July 2022], the Agency, after having conducted an extensive consultation process involving the Commission, the Member States, and at least the organisations representing all relevant stakeholders, including the ENTSO for Electricity, the ENTSO for Gas, Union DSO entity, and relevant hydrogen sector stakeholders, shall publish the framework guidelines for the joint scenarios to be developed by ENTSO for Electricity and ENTSO for Gas. Those guidelines shall be regularly updated as found necessary. |
Amendment 103
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
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Text proposed by the Commission |
Amendment |
The guidelines shall include the energy efficiency first principle and ensure that the underlying ENTSO for Electricity and ENTSO for Gas scenarios are fully in line with the latest medium and long-term European Union decarbonisation targets and the latest available Commission scenarios. |
The guidelines shall include the energy efficiency first principle and ensure that the underlying ENTSO for Electricity and ENTSO for Gas together with the Agency's scenarios are in line with the latest medium and long-term European Union decarbonisation targets, the latest available Commission scenarios, the regional development plans, the regional and national policies, the cohesion policy and the solutions for reducing the development disparities between member states and regions, taking into account the energy security strategy of the European Union as a whole and the expected significant increase in power demand from the transport sector, in particular for electric vehicles along highways, national roads and in urban areas, ensuring the synergy with the TEN-T . |
Amendment 104
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2
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Text proposed by the Commission |
Amendment |
When assessing the infrastructure gaps the ENTSO for Electricity and the ENTSO for Gas shall implement the energy efficiency first principle and consider with priority all relevant non-infrastructure related solutions to address the identified gaps. |
When assessing the infrastructure gaps the ENTSO for Electricity and the ENTSO for Gas shall implement the energy efficiency first principle and consider with priority all relevant non-infrastructure related solutions to address the identified gaps. Where there are considerable gaps in the infrastructure the ENTSO E and ENTSO G shall consider the appropriate technical solution taking into account the specificity of the area, the differences between the degree of the pollution of the present energy solutions used in the region and the new proposed technology, national development strategies and the cohesion policy. Where using natural gas infrastructure is of ut most important for the region and the only efficient solution with a considerable contribution to the decarbonisation and the possibility to reconvert it to low carbon gases the projects shall be considered eligible. |
Amendment 105
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 3
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Text proposed by the Commission |
Amendment |
Prior to submitting their respective reports, the ENTSO for Electricity and the ENTSO for Gas shall conduct an extensive consultation process involving all relevant stakeholders, including the Union DSO entity, all relevant hydrogen stakeholders and all the Member States representatives part of the priority corridors defined in Annex I. |
Prior to submitting their respective reports, the ENTSO for Electricity and the ENTSO for Gas shall conduct an extensive consultation process involving all relevant demand and supply side stakeholders, including the Union DSO entity, representatives from the hydrogen sector, renewable electricity industry, flexibility providers and civil society and all the Member States representatives part of the priority corridors defined in Annex I. |
Amendment 106
Proposal for a regulation
Article 13 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. Within three months following receipt of the infrastructure gaps report together with the input received in the consultation process and a report on how it was taken into account, the Agency shall submit its opinion to the ENTSO for Electricity or ENTSO for Gas and the Commission. |
3. Within three months following receipt of the infrastructure gaps report together with the input received in the consultation process and a report on how it was taken into account, the Agency shall submit its opinion to the ENTSO for Electricity or ENTSO for Gas and the Commission and make it publicly available. |
Amendment 107
Proposal for a regulation
Article 13 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. The ENTSO for Electricity and the ENTSO for Gas shall adapt their infrastructure gaps reports taking due account of the Agency’s opinion and in line with the Commission’s opinion before the publication of the final infrastructure gaps reports. |
5. The ENTSO for Electricity and the ENTSO for Gas shall adapt their infrastructure gaps reports inline with the Agency’s opinion and in line with the Commission’s opinion.. Justifications must be provided if these opinions are not integrated in the final infrastructure gaps reports. |
Amendment 108
Proposal for a regulation
Article 14 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. By [31 July 2022], Member States, with the support of the Commission, within their specific priority offshore grid corridors, set out in point (2) of Annex I, taking into account the specificities and development in each region, shall jointly define and agree to cooperate on the amount of offshore renewable generation to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040, in view of their national energy and climate plans, the offshore renewable potential of each sea basin, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets. That agreement shall be made in writing as regards each sea basin linked to the territory of the Union. |
1. By [31 July 2022], Member States, with the support of the Commission, within their specific priority offshore grid corridors, set out in point (2) of Annex I, taking into account the specificities and development in each region, shall jointly define and agree to cooperate on the goals for offshore renewable generation to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040, in view of their national energy and climate plans, the offshore renewable potential of each sea basin, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets. The offshore renewable potential of each sea basin shall be identified through reports, prepared by the Commission, upon consultation with Member States and other relevant stakeholders, six months before the deadline for a joint offshore grid plan for a specific corridor. That agreement shall be made in writing as regards each sea basin linked to the territory of the Union. |
Amendment 109
Proposal for a regulation
Article 14 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. By [31 July 2023] the ENTSO for Electricity, with the involvement of the relevant TSOs, the national regulatory authorities and of the Commission and in line with the agreement referred to in paragraph 1, shall develop and publish integrated offshore network development plans starting from the 2050 objectives, with intermediate steps for 2030 and 2040, 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. Those integrated offshore network development plans shall thereafter be updated every three years. |
2. By [31 July 2023] the ENTSO for Electricity, with the involvement of the relevant TSOs, the national regulatory authorities, the Agency and of the Commission and in line with the agreement referred to in paragraph 1, shall develop and publish integrated offshore network development plans, including storage facilities in order to ensure the synergy with energy strategies, the Green Deal and the need to increase the security that the renewable energy can provide, starting from the 2050 objectives, with intermediate steps for 2030 and 2040, 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. Those integrated offshore network development plans shall thereafter be updated every four years. |
Amendment 110
Proposal for a regulation
Article 16 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. The efficiently incurred investment costs, which excludes maintenance costs, related to a project of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) of Annex II and projects of common interest falling under the category set out in point (3) of Annex II, where they fall under the competency of national regulatory authorities, shall be borne by the relevant TSO or the project promoters of the transmission infrastructure of the Member States 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 excludes maintenance costs, related to a project of common interest falling under the categories set out in points (1)(a), (b) and (c) of Annex II and projects of common interest falling under the category set out in point (3) of Annex II, where they fall under the competency of national regulatory authorities, shall be borne by the relevant TSO, interested investors or the project promoters of the transmission infrastructure of the Member States which the project provides a net positive impact, and, to the extent not covered by congestion rents or other charges, be paid for by interested investors and network users through tariffs for network access in that or those Member States. |
Amendment 111
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1
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Text proposed by the Commission |
Amendment |
4. Within six months of the date on which the last investment request is received by the relevant national regulatory authorities, those national regulatory authorities shall, after consulting the project promoters concerned, take joint coordinated decisions on the allocation of investment costs to be borne by each system operator for the project, as well as their inclusion in tariffs. The national regulatory authorities shall include all the efficiently incurred investment costs in tariffs in line with the allocation of investment costs to be borne by each system operator for the project. The national regulatory authorities shall thereafter assess, where appropriate, whether any affordability issues might arise due to the inclusion of the investment costs in tariffs. |
4. Within six months of the date on which the last investment request is received by the relevant national regulatory authorities, those national regulatory authorities shall, after consulting the project promoters concerned, take joint coordinated decisions on the allocation of investment costs to be borne by each system operator or interested investor for the project, as well as their inclusion in tariffs. The national regulatory authorities shall include the necessary incurred investment costs in tariffs in line with the allocation of investment costs to be borne by each system operator for the project. The national regulatory authorities shall thereafter assess, where appropriate, whether any affordability issues, that could lead to energy poverty, might arise due to the inclusion of the investment costs in tariffs. |
Amendment 112
Proposal for a regulation
Article 17 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. In their decision granting the incentives referred to in paragraph 1, national regulatory authorities shall consider the results of the cost-benefit analysis on the basis of the methodology drawn up pursuant to Article 11 and in particular the regional or Union-wide positive externalities generated by the project. The national regulatory authorities shall further analyse the specific risks incurred by the project promoters, the risk mitigation measures taken and the justification of the risk profile in view of the net positive impact provided by the project, when compared to a lower-risk alternative. Eligible risks shall in particular include risks related to new transmission technologies, both onshore and offshore, risks related to under-recovery of costs and development risks. |
2. In their decision granting the incentives referred to in paragraph 1, national regulatory authorities shall consider the results of the cost-benefit analysis on the basis of the methodology drawn up pursuant to Article 11 and in particular the regional or Union-wide positive externalities generated by the project. The national regulatory authorities shall further analyse the specific risks incurred by the project promoters, the risk mitigation measures taken and the justification of the risk profile in view of the net positive impact provided by the project, when compared to a lower-risk alternative. Eligible risks shall in particular include risks related to new transmission and distribution technologies, both onshore and offshore, risks related to under-recovery of costs and development risks. |
Amendment 113
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
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Text proposed by the Commission |
Amendment |
2. Projects of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) of Annex II and point (3) of Annex II, except for hydro-pumped electricity storage projects, are also eligible for Union financial assistance in the form of grants for works where they fulfil all of the following criteria: |
2. Projects of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) of Annex II and point (3) of Annex II, are also eligible for Union financial assistance in the form of grants for works where they fulfil all of the following criteria: |
Amendment 114
Proposal for a regulation
Article 18 – paragraph 2 – point a
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Text proposed by the Commission |
Amendment |
(a) the project specific cost-benefit analysis pursuant to Article 16(3)(a) provides evidence concerning the existence of significant positive externalities, such as security of supply, system flexibility, solidarity or innovation; |
(a) the project specific cost-benefit analysis pursuant to Article 16(3)(a) provides evidence concerning the existence of significant positive externalities, such as security of supply, system flexibility, solidarity, regional development or innovation; |
Amendment 115
Proposal for a regulation
Article 18 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. Projects of common interest falling under the categories set out in points (1)(d), (2) and (5) of Annex II shall also be eligible for Union financial assistance in the form of grants for works, where the concerned project promoters can clearly demonstrate significant positive externalities, such as security of supply, system flexibility, solidarity or innovation, generated by the projects and provide clear evidence of their lack of commercial viability, in accordance with the cost-benefit analysis, the business plan and assessments carried out, in particular by potential investors or creditors or, where applicable, a national regulatory authority. |
4. Projects of common interest falling under the categories set out in points (1)(d), (2) and (5) of Annex II shall also be eligible for Union financial assistance in the form of grants for works, where the concerned project promoters can clearly demonstrate significant positive externalities, such as security of supply, system flexibility, solidarity, regional development or innovation, generated by the projects and provide clear evidence of their lack of commercial viability, in accordance with the cost-benefit analysis, the business plan and assessments carried out, in particular by potential investors or creditors or, where applicable, a national regulatory authority. |
Amendment 116
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
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Text proposed by the Commission |
Amendment |
Not later than 31 December 2027, the Commission shall publish a report on the implementation of projects of common interest and submit it to the European Parliament and the Council. That report shall provide an evaluation of: |
Not later than 31 December 2027, the Commission shall publish a report on the implementation of projects of common interest and submit it to the European Parliament and the Council. That report shall take into consideration the results of the cost-benefit analysis drawn up pursuant to Article 11 for Union-wide ten-Year Network Development Plans and projects of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) and point (3) of Annex II and shall provide an evaluation of: |
Amendment 117
Proposal for a regulation
Article 23 – paragraph 1 – point c
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Text proposed by the Commission |
Amendment |
(c) the main expected benefits and the costs of the projects except for any commercially sensitive information; |
(c) the main expected benefits and the costs, resulting from cost-benefit analysis drawn up pursuant to Article 11, of the projects except for any commercially sensitive information; |
Amendment 118
Proposal for a regulation
Annex I – Part 3 – point 8 – paragraph 2
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Text proposed by the Commission |
Amendment |
Electrolysers: supporting the deployment of power-to-gas applications aiming to enable greenhouse gas reductions and contributing to secure, efficient and reliable system operation and smart energy system integration. Member States concerned: Austria, Belgium, Denmark, France, Germany, Ireland, Italy, Luxembourg, Malta, the Netherlands, Portugal, and Spain; |
Power to gas facilities including Electrolysers: supporting the deployment of power-to-gas applications aiming to enable greenhouse gas reductions and contributing to secure, efficient and reliable system operation and smart energy system integration. Member States concerned: Austria, Belgium, Denmark, France, Germany, Ireland, Italy, Luxembourg, Malta, the Netherlands, Portugal, and Spain; |
Amendment 119
Proposal for a regulation
Annex I – Part 3 – point 9 – paragraph 1
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Text proposed by the Commission |
Amendment |
(9) Hydrogen interconnections in Central Eastern and South Eastern Europe (‘HI East’): hydrogen infrastructure enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport. |
(9) Hydrogen interconnections in Central Eastern and South Eastern Europe (‘HI East’): hydrogen infrastructure including the transitional use of blending with gas, the repurposing of gas infrastructure or any other specific solutions for disadvantaged, less connected, peripheral or isolated Member States and regions, such as islands enabling the emergence of an integrated hydrogen backbone, directly or indirectly (including through third countries) connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport. |
Amendment 120
Proposal for a regulation
Annex I – Part 3 – point 9 – paragraph 2
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Text proposed by the Commission |
Amendment |
Electrolysers: supporting the deployment of power-to-gas applications aiming to enable greenhouse gas reductions and contributing to secure, efficient and reliable system operation and smart energy system integration. Member States concerned: Austria, Bulgaria, Croatia, Cyprus, Czech Republic, Germany, Greece, Hungary, Italy, Poland, Romania, Slovakia and Slovenia; |
Power to gas facilities including Electrolysers: supporting the deployment of power-to-gas applications aiming to enable greenhouse gas reductions and contributing to secure, efficient and reliable system operation and smart energy system integration. Member States concerned: Austria, Bulgaria, Croatia, Cyprus, Czech Republic, Germany, Greece, Hungary, Italy, Poland, Romania, Slovakia and Slovenia; |
Amendment 121
Proposal for a regulation
Annex I – Part 3 – point 10 – paragraph 1
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Text proposed by the Commission |
Amendment |
(10) Baltic Energy Market Interconnection Plan in hydrogen (‘BEMIP Hydrogen’): hydrogen infrastructure enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport. |
(10) Baltic Energy Market Interconnection Plan in hydrogen (‘BEMIP Hydrogen’): hydrogen infrastructure and the repurposing of existing natural gas infrastructure with a view of enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport. |
Amendment 122
Proposal for a regulation
Annex I – Part 4 – point 12 – paragraph 1
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Text proposed by the Commission |
Amendment |
(12) Cross-border carbon dioxide network: development of carbon dioxide transport infrastructure between Member States and with neighbouring third countries in view of the deployment of carbon dioxide capture and storage. |
(12) Cross-border carbon dioxide network: development of carbon dioxide transport and storage infrastructure between Member States and with neighbouring third countries in view of the deployment of carbon dioxide capture and storage. |
Amendment 123
Proposal for a regulation
Annex I – Part 4 – point 13 – paragraph 1
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Text proposed by the Commission |
Amendment |
(13) Smart gas grids: Adoption of smart gas grid technologies across the Union to efficiently integrate a plurality of renewable and low-carbon gas sources into the gas network, support the uptake of innovative solutions for network management and facilitating smart energy sector integration and demand response. |
(13) Smart gas grids: Adoption of smart gas grid technologies across the Union to efficiently integrate a plurality of renewable and low-carbon gas sources into the gas network, in particular through their blends with methane, support the uptake of innovative digital, technological, mechanical or engineering solutions for network management and facilitating smart energy sector integration and demand response. |
Amendment 124
Proposal for a regulation
Annex I – Part 4 – point 13 a (new)
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Text proposed by the Commission |
Amendment |
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(13a) Natural gas infrastructure:Completion of gas infrastructure projects for the purpose of enhancing market integration, security of supply, and competition and which contribute to sustainability. |
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Member States concerned: all. |
Amendment 125
Proposal for a regulation
Annex I – Part 4 – point 13 b (new)
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Text proposed by the Commission |
Amendment |
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(13b) Gas grid deployment: development of selected gas infrastructure projects that have already been granted the PCI status according to the previous Regulation or can prove their advanced implementation level or mature stage or can contribute, for a transitional period until 2040, to the promotion of hydrogen and renewable and low-carbon gases. |
Amendment 126
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point d
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Text proposed by the Commission |
Amendment |
(d) systems and components integrating ICT, through operational digital platforms, control systems and sensor technologies both at transmission and medium voltage distribution level, aiming at a more efficient and intelligent electricity transmission and distribution network, increased capacity to integrate new forms of generation, storage and consumption and facilitating new business models and market structures; |
(d) systems and components integrating ICT, through operational digital platforms, control systems and sensor technologies both at transmission and medium voltage distribution level, aiming at a more efficient and intelligent electricity transmission and distribution network, increased capacity to integrate new forms of generation, storage, demand response (e.g. heat pumps and EVs) and consumption and facilitating new business models and market structures; |
Amendment 127
Proposal for a regulation
Annex II – paragraph 1 – point 2 – point a
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Text proposed by the Commission |
Amendment |
(a) any of the following equipment or installation aiming at enabling and facilitating the integration of renewable and low-carbon gases (including biomethane or hydrogen) into the network: digital systems and components integrating ICT, control systems and sensor technologies to enable the interactive and intelligent monitoring, metering, quality control and management of gas production, transmission, distribution and consumption within a gas network. Furthermore, such projects may also include equipment to enable reverse flows from the distribution to the transmission level and related necessary upgrades to the existing network. |
(a) any of the following equipment or installation aiming at enabling and facilitating the integration of renewable and low-carbon gases (including biogas, biomethane, synthetic gas, synthetic methane or hydrogen) and their blends with methane into the network: digital systems and components integrating ICT, control systems and sensor technologies to enable the interactive and intelligent monitoring, metering, quality control and management of gas production, transmission, distribution, storage and consumption within a gas network. Furthermore, such projects may also include connections from renewable and low-carbon gases production facilities into the transmission and distribution grid, equipment to enable reverse flows from the distribution to the transmission level as well as from pipelines of different capacities and related necessary upgrades to the existing network, such as retrofitting, repurposing or capacity expansion . |
Amendment 128
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point a
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Text proposed by the Commission |
Amendment |
(a) transmission pipelines for the transport of hydrogen, giving access to multiple network users on a transparent and non-discriminatory basis, which mainly contains high-pressure hydrogen pipelines, excluding pipelines for the local distribution of hydrogen; |
(a) transmission pipelines for the transport of hydrogen, including repurposed and retrofitted gas infrastructure, giving access to multiple network users on a transparent and non-discriminatory basis, which mainly contains high-pressure hydrogen pipelines, excluding pipelines for the local distribution of hydrogen; |
Amendment 129
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point b
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Text proposed by the Commission |
Amendment |
(b) underground storage facilities connected to the high-pressure hydrogen pipelines referred to in point (a); |
(b) underground storage facilities connected to the high-pressure hydrogen pipelines and retrofitted infrastructure referred to in point (a); |
Amendment 130
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point c
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Text proposed by the Commission |
Amendment |
(c) reception, storage and regasification or decompression facilities for liquefied hydrogen or hydrogen embedded in other chemical substances with the objective of injecting the hydrogen into the grid; |
(c) reception, storage and regasification or decompression facilities for liquefied hydrogen or for a transitional period liquefied hydrogen blended with liquefied natural gas and embedded in other chemical substances with the objective of injecting the hydrogen or its blending with natural gas into the grid; |
Amendment 131
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d – paragraph 1
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Text proposed by the Commission |
Amendment |
(d) any equipment or installation essential for the hydrogen system to operate safely, securely and efficiently or to enable bi-directional capacity, including compressor stations. |
(d) any equipment or installation essential for the hydrogen system to operate safely, securely and efficiently or to enable bi-directional capacity, including compressor stations; |
Amendment 132
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d a (new)
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Text proposed by the Commission |
Amendment |
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(da) transmission pipelines or reception, storage and regasification or decompression facilities for liquefied natural gas (LNG) or any equipment or installation essential for the system to operate safely, securely and efficiently for the purpose of methane and hydrogen to enable fuel switch from more carbon intensive fuels (notably coal, lignite, oil) during a transitional period, giving access to multiple network users on a transparent and non-discriminatory basis, provided that, upon construction, these investments are ready for the future use of hydrogen; |
Amendment 133
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d b (new)
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Text proposed by the Commission |
Amendment |
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(db) steam methane reforming (SMR) installations, combined with CCS/CCUS and methane pyrolysis installations. |
Amendment 134
Proposal for a regulation
Annex II – paragraph 1 – point 3 – paragraph 2
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Text proposed by the Commission |
Amendment |
Any of the assets listed in points (a), (b), (c), and (d) may be newly constructed assets or assets converted from natural gas dedicated to hydrogen, or a combination of the two. |
Any of the assets listed in points (a), (b), (c), (d), (da) and (db) may be newly constructed assets or assets converted from natural gas dedicated to hydrogen, or a combination of the two. They may be used in the transitional period for the purpose of blending of hydrogen with methane until the emergence of sufficient market demand which will make pure hydrogen economically feasible. |
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The implementation of provisions under point 3 should be thoroughly assessed in the light of the starting point, the various economic, social and ecological conditions and the capacity of the energy sector of the Member State concerned. |
Amendment 135
Proposal for a regulation
Annex II – paragraph 1 – point 5 a (new)
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Text proposed by the Commission |
Amendment |
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(5a) concerning natural gas: all infrastructure, equipment, installation or services which were part of natural gas projects that were included in the fourth or fifth Union list established pursuant to Regulation (EU) No 347/2013 and not yet finished and which will physically end the isolation of a Member State from the EU gas network. |
Amendment 136
Proposal for a regulation
Annex III – Part 1 – point 1 – paragraph 1
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Text proposed by the Commission |
Amendment |
(1) with regard to energy infrastructure falling under the competency of national regulatory authorities, each Group shall be composed of representatives of the Member States, national regulatory authorities, TSOs, as well as the Commission, the Agency and the ENTSO for Electricity or the ENTSO for Gas, as relevant. |
(1) with regard to energy infrastructure falling under the competency of national regulatory authorities, each Group shall be composed of representatives of the Member States, including from regional level, national regulatory authorities, TSOs, DSOs as well as the Commission, the Agency and the ENTSO for Electricity or the ENTSO for Gas, representatives from the hydrogen sector, renewable electricity industry and flexibility providers as relevant. |
Amendment 137
Proposal for a regulation
Annex III – Part 1 – point 1 – paragraph 2
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Text proposed by the Commission |
Amendment |
For the other energy infrastructure categories, each Group shall be composed of the representatives of the Member States, project promoters concerned by each of the relevant priorities designated in Annex I and the Commission. |
For the other energy infrastructure categories, each Group shall be composed of the representatives of the Member States, including from regional level, project promoters concerned by each of the relevant priorities designated in Annex I and the Commission. |
Amendment 138
Proposal for a regulation
Annex III – Part 1 – point 2
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Text proposed by the Commission |
Amendment |
(2) depending on the number of candidate projects for the Union list, regional infrastructure gaps and market developments, the Groups and the decision-making bodies of the Groups may split, merge or meet in different configurations, as necessary, to discuss matters common to all Groups or pertaining solely to particular regions. Such matters may include issues relevant to cross-regional consistency or the number of proposed projects included on the draft regional lists at risk of becoming unmanageable. |
(2) depending on the number of candidate projects for the Union list, regional infrastructure gaps and market developments, the Groups and the decision-making bodies of the Groups may split, merge or meet in different configurations, as necessary, to discuss matters common to all Groups or pertaining solely to particular regions. Such matters may include issues relevant to cross-regional consistency or the number of proposed projects included on the draft regional lists at risk of becoming unmanageable. To ensure a consistent development of the network, within their respective regional group, TSOs shall have the opportunity to coordinate with competent national regulatory authorities and competent Member States the opinion on projects not promoted by them but developed in their country creating the necessary synergies with the national development strategies and with the cohesion policy. |
Amendment 139
Proposal for a regulation
Annex III – Part 1 – point 5
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Text proposed by the Commission |
Amendment |
(5) each Group shall invite, as appropriate, the organisations representing relevant stakeholders — and, where deemed appropriate, directly the stakeholders— including producers, distribution system operators, suppliers, consumers and organisations for environmental protection. The Group may organise hearings or consultations, where relevant for the accomplishments of its tasks. |
(5) each Group shall invite the organisations representing relevant stakeholders — and, where deemed appropriate, directly the stakeholders— including producers, distribution system operators, suppliers, consumers, organisations for environmental protection, civil society organisations and relevant researchers and independent scientists. During the consultation process, the Group shall seek to cover different territorial levels including European, national, cross-border, regional or local. Conflict of interest shall be excluded. The Group may organise hearings or consultations, where relevant for the accomplishments of its tasks. |
Amendment 140
Proposal for a regulation
Annex III – Part 2 – point 4
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Text proposed by the Commission |
Amendment |
(4) as of 1 January 2024, the proposed hydrogen projects of common interest falling under the categories set out in point (3) of Annex II are projects that are part of the latest available Union-wide ten-year network development plan for gas, developed by the ENTSO for Gas pursuant Article 8 of Regulation (EC) No 715/2009. |
(4) as of 1 January 2024,the proposed hydrogen projects of common interest falling under the categories set out in point (3) of Annex II are projects that are part of the latest available Union-wide ten-year network development plan, developed by the Agency with the participation and close cooperation of hydrogen project promoters. |
Amendment 141
Proposal for a regulation
Annex III – Part 2 – point 5 – paragraph 1
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Text proposed by the Commission |
Amendment |
(5) by 30 June 2022 and, subsequently, for every Union-wide ten-year network development plans, the ENTSO for Electricity and ENTSO for Gas shall issue updated guidelines for inclusion of projects in their respective Union-wide ten-year network development plans, referred to in points (3) and (4), in order to ensure equal treatment and transparency of the process. For all the projects included in the Union list of projects of common interest in force at the time, the guidelines shall define a simplified process of inclusion in the Union-wide ten-year network development plans by automatic inclusion taking into account the documentation and data already submitted during the previous Union-wide ten-year network development plan processes as long as the information therein remains valid. |
(5) by 30 June 2022 and, subsequently, for every Union-wide ten-year network development plans, the Agency shall issue updated guidelines for inclusion of projects in their respective Union-wide ten-year network development plans, referred to in points (3) and (4), in order to ensure equal treatment and transparency of the process. For all the projects included in the Union list of projects of common interest in force at the time, the guidelines shall define a simplified process of inclusion in the Union-wide ten-year network development plans by automatic inclusion taking into account the documentation and data already submitted during the previous Union-wide ten-year network development plan processes as long as the information therein remains valid. |
Amendment 142
Proposal for a regulation
Annex III – Part 2 – point 5 – paragraph 2
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Text proposed by the Commission |
Amendment |
The ENTSO for Electricity and ENTSO for Gas shall consult with 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. |
The ENTSO for Electricity and ENTSO for Gas shall consult with the Member States for the respective Group regarding the development strategies at regional and national level, with 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 Member States’, the Commission’s and the Agency’s recommendations before the publication of the final guidelines. |
Amendment 143
Proposal for a regulation
Annex III – Part 2 – point 6
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Text proposed by the Commission |
Amendment |
(6) proposed carbon dioxide transport projects falling under the category set out in point (5) 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. |
(6) proposed carbon dioxide transport and storage projects falling under the category set out in point (5) 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. |
Amendment 144
Proposal for a regulation
Annex III – Part 2 – point 10 a (new)
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Text proposed by the Commission |
Amendment |
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(10a) if the Group considers the project is of major importance for the development of at least two other Member States and for reducing the social and economic gap, the project proposed shall be considered approved if the project promoter and the investors can finance the project on the territory of the Member State that did not support the project and if the project respects the principle of ‘do no significant harm’; the Member State concerned shall apply the rules and regulations for permit granting for projects of common or mutual interest. |
Amendment 145
Proposal for a regulation
Annex III – Part 2 – point 11
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Text proposed by the Commission |
Amendment |
(11) the Group shall meet to examine and rank the proposed projects taking into account the assessment of the regulators, or the assessment of the Commission for projects not falling within the competency of national regulatory authorities. |
(11) the Group shall meet to examine and rank the proposed projects based on a transparent assessment of the projects, using the criteria set out in Article 4 and taking into account the assessment of the regulators, or the assessment of the Commission for projects not falling within the competency of national regulatory authorities. |
Amendment 146
Proposal for a regulation
Annex IV – point 1 – introductory part
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Text proposed by the Commission |
Amendment |
(1) a project with significant cross-border impact is a project on the territory of a Member State, which fulfils the following conditions: |
(1) a project with significant cross-border impact or potential to create such an impact is a project on the territory of a Member State, which fulfils the following conditions: |
Amendment 147
Proposal for a regulation
Annex IV – point 1 – point a
|
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Text proposed by the Commission |
Amendment |
(a) for electricity transmission, the project increases the grid transfer capacity, or the capacity available for commercial flows, at the border of that Member State with one or several other Member States, having the effect of increasing the cross-border grid transfer capacity at the border of that Member State with one or several other Member States, by at least 500 Megawatt compared to the situation without commissioning of the project; |
(a) for electricity transmission, the project increases the grid transfer capacity, or the capacity available for commercial flows, at the border of that Member State with one or several other Member States, having the effect of increasing the cross-border grid transfer capacity at the border of that Member State with one or several other Member States, by at least 500 Megawatt compared to the situation without commissioning of the project, or the project decreases the energy isolation of a non-interconnected system in one or more Member States, including the connection between islands or islands and the mainland, or the project improves energy security of a region; |
Amendment 148
Proposal for a regulation
Annex IV – point 1 – point c
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Text proposed by the Commission |
Amendment |
(c) for smart electricity grids, the project is designed for equipment and installations at high-voltage and medium-voltage level. It involves transmission system operators, transmission and distribution system operators or distribution system operators from at least two Member States. Distribution system operators can be involved only with the support of the transmission system operators, of at least two Member States, that are closely associated to the project and ensure interoperability. A project covers at least 50000 users, generators, consumers or prosumers of electricity, in a consumption area of at least 300 Gigawatthours/year, of which at least 20 % originate from variable renewable resources; |
(c) for smart electricity grids, the project is designed for equipment and installations at high-voltage and medium-voltage level. It involves transmission system operators, transmission and distribution system operators or distribution system operators from at least two Member States. Distribution system operators can be involved provided they ensure interoperability and their investments have a significant cross-border impact or potential to create such an impact. A project covers at least 50000 users, generators, consumers or prosumers of electricity or the region has a development strategy and on-going projects that have as targets the increase of the population, in the near future, to at least 50000 users, generators, consumers or prosumers, in a consumption area of at least 300 Gigawatthours/year, of which at least 20 % originate from variable renewable resources. The projects may also foresee a cross-border impact, without involving a physical common border; |
Amendment 149
Proposal for a regulation
Annex IV – point 3 – point c
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Text proposed by the Commission |
Amendment |
(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, notably by assessing the impact of the project on the loss of load expectation for the area of analysis as defined 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. |
(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, notably by assessing the impact of the project on the loss of load expectation for the area of analysis as defined 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, expected changes in the economic and social development of the area and the expected significant increase in power demand from the transport sector, in particular for electric vehicles along highways and in urban areas. Where applicable, the impact of the project on independent and reliable control of system operation and services shall be measured. |
Amendment 150
Proposal for a regulation
Annex IV – point 4 – point b
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Text proposed by the Commission |
Amendment |
(b) Security of supply: This criterion shall be measured by the level of losses in distribution and /or transmission networks, the percentage utilisation (i.e. average loading) of electricity network components, the availability of network components (related to planned and unplanned maintenance) and its impact on network performances, the duration and frequency of interruptions, including climate related disruptions. |
(b) Security of supply: This criterion shall be measured by the level of losses in distribution and /or transmission networks, the percentage utilisation (i.e. average loading) of electricity network components, the availability of network components (related to planned and unplanned maintenance) and its impact on network performances, the duration and frequency of interruptions, including climate related disruptions and the expected changes in the economic and social development of the area and their impact on the demand. |
Amendment 151
Proposal for a regulation
Annex IV – point 5 – point a
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Text proposed by the Commission |
Amendment |
(a) Sustainability measured as the contribution of a project to: greenhouse gas emission reductions in different end-use applications, such as industry or transport; flexibility and seasonal storage options for renewable electricity generation; or the integration of renewable hydrogen. |
(a) Sustainability measured as the contribution of a project to: greenhouse gas emission reductions in different end-use applications, such as industry or transport; flexibility and seasonal storage options for renewable electricity generation; or the integration of hydrogen. |
Amendment 152
Proposal for a regulation
Annex IV – point 6 – point a
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Text proposed by the Commission |
Amendment |
(a) level of sustainability measured by assessing the share of renewable and low-carbon gases integrated into the gas network, the related greenhouse gas emission savings towards total system decarbonisation and the adequate detection of leakage. |
(a) level of sustainability measured by assessing the share of renewable or low-carbon gases integrated into the gas network, the related greenhouse gas emission savings towards total system decarbonisation, air pollution mitigation and the adequate detection of leakage. |
Amendment 153
Proposal for a regulation
Annex IV – point 6 – point b
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Text proposed by the Commission |
Amendment |
(b) quality and security of supply measured by assessing the ratio of reliably available gas supply and peak demand, the share of imports replaced by local renewable and low-carbon gases, the stability of system operation, the duration and frequency of interruptions per customer. |
(b) quality and security of supply measured by assessing the ratio of reliably available gas supply and peak demand, the share of imports replaced by domestic renewable or low-carbon gases, the stability of system operation, the duration and frequency of interruptions per customer, the expected changes in the economic and social development of the area and their impact on demand, avoided curtailment of renewable electricity generation. |
Amendment 154
Proposal for a regulation
Annex IV – point 6 – point c
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Text proposed by the Commission |
Amendment |
(c) facilitation of smart energy sector integration measured by assessing the cost savings enabled in connected energy sectors and systems, such as the heat and power system, transport and industry. |
(c) facilitation of smart energy sector integration measured by assessing the cost and greenhouse gas emission reduction savings and efficient use of energy enabled in connected energy sectors and systems, such as the heat and power system, transport and industry. |
Amendment 155
Proposal for a regulation
Annex IV – point 7 – point a
|
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Text proposed by the Commission |
Amendment |
(a) sustainability measured by assessing the share of renewable hydrogen or hydrogen meeting the criteria defined in point (4) (a) (ii) of Annex II integrated into the network, and the related greenhouse gas emission savings; |
(a) sustainability measured by assessing the share of hydrogen or hydrogen meeting the criteria defined in point (4) (a) (ii) of Annex II integrated into the network, and the related greenhouse gas emission savings; |
Amendment 156
Proposal for a regulation
Annex V – point 1
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Text proposed by the Commission |
Amendment |
(1) the area for the analysis of an individual project shall cover all Member States and third countries, on whose territory the project is located, all directly neighbouring Member States and all other Member States significantly impacted by the project. For this purpose, ENTSO for electricity and ENTSO for gas shall cooperate with all the relevant system operators in the relevant third countries. |
(1) the area for the analysis of an individual project shall cover all Member States and third countries, on whose territory the project is located, all directly neighbouring Member States and all other Member States significantly impacted by the project. For this purpose, ENTSO for electricity and ENTSO for gas shall cooperate with all the relevant system operators and authorities in the relevant third countries. |
Amendment 157
Proposal for a regulation
Annex V – point 3
|
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Text proposed by the Commission |
Amendment |
(3) it shall define the analysis to be carried out, based on the relevant multi-sectorial input data set by determining the impacts with and without each project. |
(3) it shall define the analysis to be carried out, based on the relevant multi-sectorial input data set, the expected significant increase in power demand from the transport sector, in particular for electric vehicles along highways national roads and in urban areas and regional and local development strategies by determining the impacts with and without each project. |
Amendment 158
Proposal for a regulation
Annex V – point 5
|
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Text proposed by the Commission |
Amendment |
(5) it shall include and explain how the energy efficiency first principle is implemented in all the steps of the ten-Year Network Development Plans. |
(5) it shall include and explain how the energy efficiency first principle is implemented , and how the cost-effectiveness of investments has been calculated to fully anticipate any redundancy of assets, to avoid stranded assets in the long term, to prefer extending and developing the use of existing assets before new investment in all the steps of the ten-Year Network Development Plans. |
Amendment 159
Proposal for a regulation
Annex VI – point 1 – point a
|
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Text proposed by the Commission |
Amendment |
(a) specifications of the relevant pieces of legislation upon which decisions and opinions are based for the different types of relevant projects of common interest, including environmental law; |
(a) specifications of the relevant pieces of legislation upon which decisions and opinions are based for the different types of relevant projects of common interest, including environmental law and development strategies; |
PROCEDURE – COMMITTEE ASKED FOR OPINION
Title |
Guidelines for trans-European energy infrastructure and repealing Regulation (EU) No 347/2013 |
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References |
COM(2020)0824 – C9-0417/2020 – 2020/0360(COD) |
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Committee responsible Date announced in plenary |
ITRE 18.1.2021 |
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Opinion by Date announced in plenary |
REGI 18.1.2021 |
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Rapporteur for the opinion Date appointed |
Vlad-Marius Botoş 21.1.2021 |
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Discussed in committee |
22.4.2021 |
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Date adopted |
15.6.2021 |
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Result of final vote |
+: –: 0: |
28 13 0 |
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Members present for the final vote |
Mathilde Androuët, Pascal Arimont, Adrian-Dragoş Benea, Isabel Benjumea Benjumea, Tom Berendsen, Erik Bergkvist, Stéphane Bijoux, Franc Bogovič, Vlad-Marius Botoş, Rosanna Conte, Andrea Cozzolino, Corina Crețu, Ciarán Cuffe, Rosa D’Amato, Christian Doleschal, Francesca Donato, Raffaele Fitto, Isabel García Muñoz, Chiara Gemma, Mircea-Gheorghe Hava, Krzysztof Hetman, Peter Jahr, Manolis Kefalogiannis, Ondřej Knotek, Elżbieta Kruk, Cristina Maestre Martín De Almagro, Pedro Marques, Martina Michels, Dan-Ştefan Motreanu, Andżelika Anna Możdżanowska, Niklas Nienaß, Andrey Novakov, Alessandro Panza, Tsvetelina Penkova, Caroline Roose, André Rougé, Susana Solís Pérez, Valdemar Tomaševski, Yana Toom, Monika Vana |
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Substitutes present for the final vote |
Alin Mituța |
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FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
28 |
+ |
ECR Group |
Raffaele Fitto, Elżbieta Kruk, Andżelika Anna Możdżanowska, Valdemar Tomaševski |
ID Group |
Mathilde Androuët, Rosanna Conte, Francesca Donato, Alessandro Panza, André Rougé |
PPE Group |
Pascal Arimont, Isabel Benjumea Benjumea, Tom Berendsen, Franc Bogovič, Christian Doleschal, Mircea-Gheorghe Hava, Krzysztof Hetman, Peter Jahr, Manolis Kefalogiannis, Dan-Ştefan Motreanu, Andrey Novakov |
Renew Group |
Stéphane Bijoux, Vlad-Marius Botoş, Ondřej Knotek, Alin Mituța, Susana Solís Pérez, Yana Toom |
S&D Group |
Corina Crețu, Tsvetelina Penkova |
13 |
- |
NI |
Chiara Gemma |
S&D Group |
Adrian-Dragoş Benea, Erik Bergkvist, Andrea Cozzolino, Isabel García Muñoz, Cristina Maestre Martín De Almagro, Pedro Marques |
The Left Group |
Martina Michels |
Verts/ALE Group |
Ciarán Cuffe, Rosa D'Amato, Niklas Nienaß, Caroline Roose, Monika Vana |
Key to symbols:
+ : in favour
- : against
0 : abstention
PROCEDURE – COMMITTEE RESPONSIBLE
Title |
Guidelines for trans-European energy infrastructure and repealing Regulation (EU) No 347/2013 |
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References |
COM(2020)0824 – C9-0417/2020 – 2020/0360(COD) |
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Date submitted to Parliament |
15.12.2020 |
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Committee responsible Date announced in plenary |
ITRE 18.1.2021 |
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Committees asked for opinions Date announced in plenary |
ECON 18.1.2021 |
ENVI 18.1.2021 |
IMCO 18.1.2021 |
TRAN 18.1.2021 |
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REGI 18.1.2021 |
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Not delivering opinions Date of decision |
ECON 26.1.2021 |
IMCO 28.1.2021 |
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Rapporteurs Date appointed |
Zdzisław Krasnodębski 5.1.2021 |
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Discussed in committee |
25.3.2021 |
13.4.2021 |
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Date adopted |
27.9.2021 |
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Result of final vote |
+: –: 0: |
50 13 12 |
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Members present for the final vote |
Nicola Beer, François-Xavier Bellamy, Hildegard Bentele, Tom Berendsen, Vasile Blaga, Michael Bloss, Paolo Borchia, Marc Botenga, Markus Buchheit, Cristian-Silviu Buşoi, Jerzy Buzek, Carlo Calenda, Maria da Graça Carvalho, Ignazio Corrao, Ciarán Cuffe, Josianne Cutajar, Nicola Danti, Pilar del Castillo Vera, Martina Dlabajová, Valter Flego, Niels Fuglsang, Lina Gálvez Muñoz, Claudia Gamon, Nicolás González Casares, Christophe Grudler, András Gyürk, Henrike Hahn, Robert Hajšel, Ivo Hristov, Ivars Ijabs, Romana Jerković, Eva Kaili, Seán Kelly, Izabela-Helena Kloc, Łukasz Kohut, Zdzisław Krasnodębski, Andrius Kubilius, Miapetra Kumpula-Natri, Thierry Mariani, Marisa Matias, Eva Maydell, Joëlle Mélin, Dan Nica, Angelika Niebler, Ville Niinistö, Aldo Patriciello, Mauri Pekkarinen, Mikuláš Peksa, Tsvetelina Penkova, Morten Petersen, Markus Pieper, Clara Ponsatí Obiols, Manuela Ripa, Robert Roos, Sara Skyttedal, Maria Spyraki, Jessica Stegrud, Beata Szydło, Riho Terras, Grzegorz Tobiszowski, Patrizia Toia, Evžen Tošenovský, Marie Toussaint, Isabella Tovaglieri, Henna Virkkunen, Pernille Weiss, Carlos Zorrinho |
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Substitutes present for the final vote |
Erik Bergkvist, Izaskun Bilbao Barandica, Cornelia Ernst, Valérie Hayer, Elena Lizzi, Jutta Paulus, Sandra Pereira, Angelika Winzig |
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Date tabled |
30.9.2021 |
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FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
50 |
+ |
ECR |
Izabela-Helena Kloc, Zdzisław Krasnodębski, Beata Szydło, Grzegorz Tobiszowski, Evžen Tošenovský |
NI |
András Gyürk, Clara Ponsatí Obiols |
PPE |
Hildegard Bentele, Tom Berendsen, Vasile Blaga, Cristian-Silviu Buşoi, Jerzy Buzek, Maria da Graça Carvalho, Pilar del Castillo Vera, Seán Kelly, Andrius Kubilius, Eva Maydell, Angelika Niebler, Markus Pieper, Sara Skyttedal, Maria Spyraki, Riho Terras, Henna Virkkunen, Pernille Weiss, Angelika Winzig |
Renew |
Nicola Beer, Izaskun Bilbao Barandica, Nicola Danti, Martina Dlabajová, Valter Flego, Claudia Gamon, Valérie Hayer, Ivars Ijabs, Mauri Pekkarinen, Morten Petersen |
S&D |
Erik Bergkvist, Carlo Calenda, Niels Fuglsang, Lina Gálvez Muñoz, Nicolás González Casares, Robert Hajšel, Ivo Hristov, Romana Jerković, Eva Kaili, Łukasz Kohut, Miapetra Kumpula-Natri, Dan Nica, Tsvetelina Penkova, Patrizia Toia, Carlos Zorrinho |
13 |
- |
The Left |
Marc Botenga, Cornelia Ernst, Marisa Matias, Sandra Pereira |
Verts/ALE |
Michael Bloss, Ignazio Corrao, Ciarán Cuffe, Henrike Hahn, Ville Niinistö, Jutta Paulus, Mikuláš Peksa, Manuela Ripa, Marie Toussaint |
12 |
0 |
ECR |
Robert Roos, Jessica Stegrud |
ID |
Paolo Borchia, Markus Buchheit, Elena Lizzi, Thierry Mariani, Joëlle Mélin, Isabella Tovaglieri |
PPE |
François-Xavier Bellamy, Aldo Patriciello |
Renew |
Christophe Grudler |
S&D |
Josianne Cutajar |
Key to symbols:
+ : in favour
- : against
0 : abstention
- [1] OJ C 220, 9.6.2021, p. 51.
- [2] OJ C 0, 0.0.0000, p. 0.
- [3] COM Stepping up Europe’s 2030 climate ambition investing in a climate-neutral future for the benefit of our people SWD/2020/176 final. Table 12: Additional annual investment compared to BSL for all policy scenarios and MIX-nonCO2 variant (2021-2030 and 2031-2050, billion euros 2015); https://ec.europa.eu/clima/sites/clima/files/docs/pages/com_2018_733_analysis_in_support_en_0.pdf, table 2 p.202