What changed between the plenary report and the adopted text

Removed:1. Where a transmission system operator or a hydrogen network operator provides regulated services for gas, hydrogen or electricity, it shall comply with the requirement for unbundling of accounts as laid down in Article 69 of [recast Gas Directive as proposed in COM(2021) xxx] and Article 56 of Directive (EU) 2019/944 and it shall have a separate regulatory asset base ▌ for gas, electricity or hydrogen assets. A separate regulatory asset base shall ensure that:

Removed:(a) services revenues obtained from the provision of specific regulated services can ▌ be used only to recover the capital and operational expenditures related to the assets included in the regulatory assets base on which the regulated services were provided;

Removed:(b) when assets are transferred to a different regulatory asset base, their value will be established. The value set for the transferred asset is subject to an audit and approval by the competent regulatory authority. The value established will be such that cross-subsidies do not occur.

Removed:2. A Member State shall not allow financial transfers between regulated services that are separate within the meaning of paragraph 1.

Removed:2a. In order to avoid undue and excessive cross-subsidies among first and future users of hydrogen networks, Member States may allow hydrogen network operators to spread network development costs over time, by ensuring that future users pay part of the initial costs. Such an inter-temporal cost allocation mechanism and its underlying methodology shall be subject to approval by the competent regulatory authority referred to in Article 70 of recast Gas Directive. Where Member States apply such a mechanism, they shall put in place a State guarantee to cover the financial risk of hydrogen network operators.

Removed:2b. By way of derogation from paragraph 2 of this Article, the regulatory authority referred to in Article 70 of recast Gas Directive may allow, as a last resort, where no more cost-efficient options are available, financial transfers between regulated services that are separate within the meaning of paragraph 1. The regulatory authority shall take such a decision only on the basis of an impact assessment that demonstrates the impact of those financial transfers on cross-subsidisation between users of gas networks and users of hydrogen networks and confirms the cost-efficiency of those financial transfers, the fact that the level playing field across Member States is preserved and that the resulting gas network tariffs do not unreasonably distort cross-border trade.

Removed:2c. If supported by the impact assessment referred to in paragraph 2b, a Member State may allow financial transfers between regulated services that are separate within the meaning of paragraph 1, provided that:

Removed:(a) all revenues needed for the financial transfer are collected as a dedicated charge;

Removed:(b) the dedicated charge is collected only from exit points to final customers located within the same Member States as the beneficiary of the financial transfer;

Removed:(c) the dedicated charge and financial transfer or the methodologies underlying their calculation are approved prior to their entry into force by the regulatory authority referred to in Article 70 of recast Gas Directive and their implementation starts at the beginning of a defined gas year;

Removed:(d) the approved dedicated charge and financial transfer and the methodologies, where methodologies are approved are published before their implementation;

Removed:(e) ACER has issued a recommendation, in accordance with paragraph 4, and the Commission has been notified of the dedicated charges.

Removed:3. The regulatory authority may only approve a financial transfer and dedicated charge referred to in paragraph 2b, provided that:

Removed:(a) network access tariffs are charged to users of the regulatory asset base that benefits from a financial transfer;

Removed:(b) the sum of financial transfers and service revenues collected through network access tariffs cannot be larger than the allowed revenues;

Removed:(c) a financial transfer is approved for a limited period in time and can never be longer than one third of the depreciation period of the infrastructure concerned.

Removed:3a. Costs associated with feasibility studies related to the repurposing of the networks to hydrogen shall not be considered to be financial transfers between regulated assets.

Removed:4. By ... [one year after the date of entry into force of this Regulation] ACER shall issue recommendations to transmission system operators or hydrogen network operators and regulatory authorities on the criteria to allow and determine the inter-temporal allocation of network development costs among users of hydrogen network. Where necessary, ACER shall issue methodologies for:

Removed:(a) the determination of the value of the assets that are transferred to another regulatory asset base and the destination of any profits and losses that may occur as a result;

Removed:(b) the calculation of the size and maximum duration of the financial transfer and dedicated charge;

Removed:(c) the criteria to allocate contributions to the dedicated charge among final consumers connected to the regulatory asset base.

Removed:ACER shall update the recommendations referred to in the first subparagraph at least once every two years.

Removed:1. Transmission system operators shall:

Removed:(a) ensure that they offer capacity and services on a non-discriminatory basis to all network users;

Removed:(b) provide both firm and interruptible capacity. The price of interruptible capacity shall reflect the probability of interruption;

Removed:(c) offer to network users both long and short-term capacity.

Removed:In regard to point (a) of the first subparagraph, where a transmission system operator offers the same service to different customers, it shall do so under equivalent contractual terms and conditions, either using harmonised transport contracts or a common network code approved by the competent authority in accordance with the procedure laid down in Article 72 or 73 of recast Gas Directive as proposed in COM(2021) xxx.

Removed:1a. No tariffs shall be charged pursuant to Article 15 for access to transmission systems at interconnection points between Member States unless the regulatory authorities concerned jointly agree on a tariff regime for such access. In the absence of an agreement between the regulatory authorities concerned, ACER shall decide on the tariff regime, including the possibility of avoiding the application of tariffs, in accordance with Article 6(10) of Regulation (EU) 2019/942. When deciding on that tariff regime the regulatory authorities concerned or ACER shall ensure an appropriate return on investment and covering of the operational expenditure born by the gas transmission network operators in relation to the specific interconnection point.

Removed:2. Transport contracts signed with non-standard start dates or with a shorter duration than a standard annual transport contract shall not result in arbitrarily higher or lower tariffs that do not reflect the market value of the service, in accordance with the principles laid down in Article 15(1).

Removed:3. Where two or more interconnection points connect the same two adjacent entry-exit systems, the adjacent transmission system operators concerned shall offer the available capacities at the interconnection points at one virtual interconnection point. Any contracted capacity at the interconnection points, regardless of the date of its conclusion, shall be transferred to the virtual interconnection point.

Removed:A virtual interconnection point shall be established only if the following conditions are met:

Removed:(a) the total technical capacity at the virtual interconnection points shall be equal to or higher than the sum of the technical capacities at each of the interconnection points contributing to the virtual interconnection points;

Removed:(b) the virtual interconnection point facilitates the economic and efficient use of the system including but not limited to rules set out in Article 9 and 10 of this Regulation.

Removed:4. Where appropriate, third-party access services may be granted subject to appropriate guarantees from network users with respect to the creditworthiness of such users. Such guarantees shall not constitute undue market-entry barriers and shall be non-discriminatory, transparent and proportionate.

Removed:5. Transmission system operators shall, if necessary for the purpose of carrying out their functions including in relation to cross-border transmission, have access to the network of other transmission system operators.

Removed:1. Hydrogen network operators shall offer their services on a non-discriminatory basis to all network users. Where the same service is offered to different customers, it shall be offered under equivalent contractual terms and conditions. Hydrogen network operators shall publish contractual terms and tariffs charged for network access and, if applicable, balancing charges, on their website.

Removed:2. The maximum capacity of a hydrogen network shall be made available to market participants, taking into account system integrity and efficient network operation.

Removed:3. The maximum duration for capacity contracts shall be 20 years for infrastructure completed by [date of entry into force] and 15 years for infrastructure completed after this date. Regulatory authorities shall have the right to impose shorter maximum durations if necessary to ensure market functioning, to safeguard competition and to ensure future cross-border integration. When adopting a decision on the imposition of a shorter maximum duration, the regulatory authorities shall take into account, inter alia, commitment from users to secure network financing, negative implications on planning and refinancing possibilities.

Removed:4. Hydrogen network operators shall implement and publish non-discriminatory and transparent congestion-management procedures, which also facilitate cross-border exchanges in hydrogen on a non-discriminatory basis.

Removed:5. Hydrogen network operators shall regularly assess market demand for new investment, taking into account security of supply and the efficiency of the final hydrogen uses.

Removed:5a. Where there is less capacity than potential users, hydrogen network operators shall, in cooperation with both relevant regulatory authorities and potential users, give priority access to users who can demonstrate the highest potential of greenhouse gas abatement per tonne of consumed hydrogen and where no more energy and cost efficient options are available. This paragraph shall not apply to access to the hydrogen network that has already been granted.

Removed:6. As of 1 January 2031, hydrogen networks shall be organised as entry-exit systems.

Removed:7. As of 1 January 2031, Article 15 shall apply also to tariffs for access to hydrogen networks. Articles 16 and 17 shall not apply. From 1 January 2031, no tariffs shall be charged pursuant to Article 15 for access to hydrogen networks at interconnection points between Member States, unless the regulatory authorities concerned jointly agree on a tariff regime for such access. In the absence of an agreement between the regulatory authorities concerned, ACER shall decide on the tariff regime, including the possibility of avoiding the application of tariffs, in accordance with Article 6(10) of Regulation (EU) 2019/942. When deciding on that tariff regime the regulatory authorities concerned or ACER shall ensure an appropriate return on investment and covering of the operational expenditure born by the hydrogen transmission network operators in relation to the given interconnection point. Where a Member State decides to apply regulated third party access to hydrogen networks in accordance with Article 31 of [recast Gas Directive] before 1 January 2031, ▌Article 15(1) of this Regulation shall be applicable to access tariff to hydrogen networks in that Member State.

Removed:8. As of 1 January 2031, hydrogen network operators shall comply with the requirements on transmission system operators pursuant to Articles 5, 9 and 12 when offering their services, and publish tariffs for each network point on an online platform operated by the ENTSOG&H. Until a network code on capacity allocation for hydrogen networks has been adopted pursuant to Article 54(2), point (d) and has entered into force, such publication can occur via links to the publication of tariffs on websites of hydrogen network operators.

Removed:Article 7 Third-party access services concerning natural gas storage, hydrogen terminals and LNG facilities and hydrogen storage facilities

Removed:1. Operators of LNG facilities and hydrogen terminals, hydrogen storage facility operators as well as natural gas storage system operators shall:

Removed:(a) offer services on a non-discriminatory basis to all network users that accommodate market demand; in particular, where an operator of LNG facilities or a hydrogen terminals, hydrogen storage facility or natural gas storage system operator offers the same service to different customers, it shall do so under equivalent contractual terms and conditions;

Removed:(b) offer services that are compatible with the use of the interconnected natural gas and hydrogen transport systems and facilitate access through cooperation with the transmission system operator or hydrogen network operator; and

Removed:(c) make relevant information public, in particular data on the use and availability of services, in a time-frame compatible with the reasonable commercial needs of users of LNG or storage facilities, hydrogen terminals or hydrogen storage facilities, subject to the monitoring of such publication by the regulatory authority.

Removed:2. Each storage system operator shall:

Removed:(a) provide both firm and interruptible third-party access services; the price of interruptible capacity shall reflect the probability of interruption;

Removed:(b) offer to storage facility users both long and short-term services;

Removed:(c) offer to storage facility users both bundled and unbundled services of storage space, injectability and deliverability.

Removed:3. Each LNG system operator shall offer to LNG facility users both bundled and unbundled services, within the LNG facility depending on the needs expressed by LNG facility users.

Removed:4. LNG and natural gas storage facility contracts shall not result in arbitrarily higher tariffs in cases in which they are signed:

Removed:(a) outside a natural gas year with non-standard start dates; or

Removed:(b) with a shorter duration than a standard LNG and storage facility contract on an annual basis.

Removed:Hydrogen storage facility and hydrogen terminal contracts with a shorter duration than a standard LNG and storage facility contract on an annual basis shall not result in arbitrarily higher tariffs.

Removed:5. Where appropriate, third-party access services may be granted subject to appropriate guarantees from network users with respect to the creditworthiness of such users. Such guarantees shall not constitute undue market-entry barriers and shall be non-discriminatory, transparent and proportionate.

Removed:6. Contractual limits on the required minimum size of LNG facility or hydrogen terminal capacity and natural gas or hydrogen storage capacity shall be justified on the basis of technical constrains and shall permit smaller storage users to gain access to storage services.