What changed between the draft committee report and the plenary report

Added:(b) the Commission observes undue delays in the adoption of requested harmonised standards, or considers that relevant harmonised standards are not sufficient; or

Added:(c) the Commission has decided in accordance with the procedure referred to in Article 11(5) of Regulation (EU) No 1025/2012 to maintain with restriction or to withdraw the references to the harmonised standards or parts thereof by which those requirements are covered.

Added:Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 61(3).

Added:NETWORK CODES AND GUIDELINES

Added:1. The Commission may, subject to the empowerments in Articles 53 to 56, adopt implementing or delegated acts. Such acts may either be adopted as network codes on the basis of text proposals developed by the ENTSOG&H, or, where so provided for in the priority list pursuant to Article 53(3), by the EU DSO entity, where relevant in cooperation with the ENTSOG&H and ACER, pursuant to the procedure laid down in Articles 53 to 55, or as guidelines pursuant to the procedure laid down in Article 56.

Added:2. The network codes and guidelines shall:

Added:(a) ensure that they provide the minimum degree of harmonisation required to achieve the aims of this Regulation;

Added:(b) take into account regional specificities, where appropriate;

Added:(c) not go beyond what is necessary for the purposes of point (a); and

Added:(d) apply to all interconnection points within the Union and entry points from and exit points to third countries.

Added:1. The Commission is empowered to adopt implementing acts establishing network codes in the following areas:

Added:(a) data exchange and settlement rules implementing Articles 21 and 22 of [recast Gas Directive as proposed in COM(2021) xxx] regarding interoperability and data exchange as well as harmonised rules for the operation of gas transmission systems, capacity booking platforms, and IT processes relevant for the functioning of the internal market;

Added:(b) interoperability rules for the natural gas system, implementing Article 19 of this Regulation and Articles 9 and 35 and 40 of [recast Gas Directive as proposed in COM(2021) xxx] including addressing interconnection agreements, rules on flow control and measurement principles for gas quantity and quality, allocation and matching rules, common sets of units, data exchange, gas quality, including rules on managing cross-border restrictions due to gas quality differences or due to differences in odorisation practices or due to differences in the volume of hydrogen blended in the natural gas system, cost-benefit analyses for removing cross-border flow restrictions, and on a common binding natural gas quality specification for cross-border natural gas interconnectors, Wobbe Index classification, mitigating measures, minimum acceptance levels for gas quality parameters relevant for ensuring the unhindered cross-border flow of biomethane (e.g. oxygen content), short- and long-term gas quality monitoring, information provision and cooperation among relevant market participants, reporting on gas quality, transparency, communication procedures including in case of exceptional events;

Added:(c) capacity-allocation and congestion-management rules implementing Article 27 of [recast Gas Directive as proposed in COM(2021) xxx] and Article 7 to 10 of this Regulation, including rules on cooperation of maintenance procedures and capacity calculation affecting capacity allocation, the standardization of capacity products and units including bundling, the allocation methodology including auction algorithms, sequence and procedure for existing, incremental, firm and interruptible capacity, capacity booking platforms, oversubscription and buy back schemes, short and long-term use-it-or-lose it schemes or and any other congestion-management scheme that prevents the hoarding of capacity;

Added:(d) balancing rules including network-related rules on nominations procedure, rules for imbalance charges and rules for operational balancing between transmission system operators' systems implementing Article 35(5) of [recast Gas Directive as proposed in COM(2021) xxx] and Article 7 to 10 of this Regulation including network-related rules on nomination procedures, imbalance charges, settlement processes associated with the daily imbalance charge and operational balancing between transmission system operators’ networks;

Added:(e) rules on harmonised transmission tariff structures implementing Article 72(7) of [recast Gas Directive as proposed in COM(2021) xxx] and Article 15 to 16 of this Regulation, including rules on the application of a reference price methodology, the associated consultation and publication requirements as well as the calculation of reserve prices for standard capacity products, discounts for LNG and storages, allowed revenue, procedures for the implementation of providing a discount for renewable gas and low-carbon gas, including common principles for inter-transmission system operator compensation mechanisms.

Added:Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 61(3).

Added:2. The Commission is empowered to adopt delegated acts in accordance with Article 63 concerning the establishment of network codes in the following areas:

Added:(a) network security and reliability rules including rules for operational network security as well as reliability rules ensuring the quality of service of the network;

Added:(b) network connection rules including rules on the connection of renewable gas and low carbon gas production facilities, procedures for connection requests;

Added:(c) operational procedures in an emergency including system defence plans, restoration plans, market interactions, information exchange and communication and tools and facilities;

Added:(d) rules for trading related to technical and operational provision of network access services and system balancing;

Added:(e) energy efficiency of gas networks and components as well as energy efficiency with regard to network planning and investments enabling the most energy efficient solution from a system perspective;

Added:(f) cyber security aspects of cross-border natural gas flows, including rules on common minimum requirements, planning, monitoring, reporting and crisis management;

Added:(fa) third-party access rules;

Added:(fb) transparency rules.

Added:3. The Commission shall, after consulting ACER, the ENTSOG&H the EU DSO entity and the other relevant stakeholders, establish every three years a priority list, identifying the areas set out in paragraphs 1 and 2 to be included in the development of network codes. If the subject matter of the network code is directly related to the operation of the distribution system and not primarily relevant to the transmission system, the Commission may require the EU DSO entity, in cooperation with the ENTSOG&H, to convene a drafting committee and submit a proposal for a network code to ACER.

Added:4. The Commission shall request ACER to submit to it within a reasonable period not exceeding six months of receipt of the Commission's request non-binding framework guidelines setting out clear and objective principles for the development of network codes relating to the areas identified in the priority list. The request of the Commission may include conditions which the framework guidelines shall address. Each framework guideline shall contribute to market integration, non-discrimination, effective competition, and the efficient functioning of the market. Upon a reasoned request from ACER, the Commission may extend the period for submitting the guidelines.

Added:5. ACER shall consult the ENTSOG&H, the EU DSO entity, and the other relevant stakeholders in regard to the framework guidelines, during a period of no less than two months, in an open and transparent manner.

Added:6. ACER shall submit a non-binding framework guideline to the Commission where requested to do so under paragraph 4.

Added:7. If the Commission considers that the framework guideline does not contribute to market integration, non-discrimination, effective competition and the efficient functioning of the market, it may request ACER to review the framework guideline within a reasonable period and resubmit it to the Commission.

Added:8. If ACER fails to submit or resubmit a framework guideline within the period set by the Commission under paragraph 4 or 7, the Commission shall develop the framework guideline in question.

Added:9. The Commission shall request the ENTSOG&H or, where provided for in the priority list referred to in paragraph 3, the EU DSO entity in cooperation with the ENTSOG&H, to submit to ACER, within a reasonable period, not exceeding 12 months, of receipt of the Commission's request, a proposal for a network code in accordance with the relevant framework guideline.

Added:10. The ENTSOG&H, or where provided for in the priority list referred to in paragraph 3 the EU DSO entity, in cooperation with the ENTSOG&H, shall convene a drafting committee to support it in the network code development process. The drafting committee shall consist of representatives of ACER, the ENTSOG&H, where appropriate the EU DSO entity, and a limited number of the main affected stakeholders. The ENTSOG&H or where provided for in the priority list pursuant to paragraph 3 the EU DSO entity, in cooperation with the ENTSOG&H, shall develop proposals for network codes in the areas referred to in paragraphs 1 and 2 where so requested by the Commission in accordance with paragraph 9.

Added:10a. Within three months of the date of receipt of the draft network code, ACER shall provide a reasoned opinion to the ENTSOG&H or the EU DSO entity, as appropriate.

Added:10b. The ENTSOG&H or the EU DSO entity in cooperation with the ENTSOG&H, as appropriate, shall amend the network code in light of the opinion of ACER and re-submit it to ACER.

Added:11. ACER shall revise the re-submitted network code to ensure that it complies with the relevant framework guidelines and contributes to market integration, non-discrimination, effective competition, and the efficient functioning of the market, and shall submit the revised network code to the Commission within six months of receipt of the proposal. In the proposal submitted to the Commission, ACER shall take into account the views provided by all involved parties during the drafting of the proposal led by the ENTSOG&H or the EU DSO entity and shall consult the relevant stakeholders on the version of the network code to be submitted to the Commission.

Added:12. Where the ENTSOG&H or the EU DSO entity have failed to develop a network code within the period set by the Commission under paragraph 9, the Commission may request ACER to prepare a draft network code on the basis of the relevant framework guideline. ACER may launch a further consultation. ACER shall submit a draft network code prepared under this paragraph to the Commission and may recommend that it be adopted.

Added:13. Where the ENTSOG&H or the EU DSO entity have failed to develop a network code, or ACER has failed to develop such a draft as referred to in paragraph 12, or upon the proposal of ACER under paragraph 11, the Commission may adopt, on its own initiative, one or more network codes in the areas listed in paragraphs 1 and 2.

Added:14. Where the Commission proposes to adopt a network code on its own initiative, the Commission shall consult ACER, the ENTSOG&H and all relevant stakeholders in regard to the draft network code during a period of at least two months.

Added:15. This Article shall be without prejudice to the Commission's right to adopt and amend the guidelines as laid down in Article 56. It shall be without prejudice to the possibility for the ENTSOG&H to develop non-binding guidance in the areas set out in paragraphs 1 and 2 where such guidance does not relate to areas covered by a request addressed to the ENTSOG&H by the Commission. The ENTSOG&H shall submit any such guidance to ACER for an opinion and shall duly take that opinion into account.

Added:1. The Commission is empowered to adopt implementing acts in order to ensure uniform conditions for the implementation of this Regulation by establishing network codes in the area of transparency rules implementing Article 48 of this Regulation, including further details on the content, frequency and form of information provision by hydrogen network operators and implementing Annex I, point 4 of this Regulation, including details on the format and content of the information necessary for network users for effective access to the network, information to be published at relevant points, details on time schedules.

Added:Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 61(2).

Added:2. The Commission is empowered to adopt delegated acts in accordance with Article 63 supplementing this Regulation with regard to the establishment of network codes in the following areas:

Added:(a) energy efficiency regarding hydrogen networks and components as well as energy efficiency with regard to network planning and investments enabling the most energy efficient solution from a system perspective;

Added:(b) interoperability rules for the hydrogen network, including addressing interconnection agreements, units, data exchange, transparency, communication, information provisions and cooperation among relevant market participants as well as hydrogen quality, including common specifications and standardisation, odorisation, cost benefit analyses for removing cross-border flow restrictions due to hydrogen quality differences and reporting on hydrogen quality;

Added:(c) rules for the system of financial compensation for cross-border hydrogen infrastructure;

Added:(d) capacity-allocation and congestion-management rules, including rules on cooperation of maintenance procedures and capacity calculation affecting capacity allocation, the standardisation of capacity products and units including bundling, the allocation methodology including auction algorithms, sequence and procedure for existing, incremental, firm and interruptible capacity, capacity booking platforms, oversubscription and buy back schemes, short and long-term use-it-or-lose it schemes or and any other congestion-management scheme that prevents the hoarding of capacity;

Added:(e) rules regarding harmonised tariff structures for hydrogen network access, including rules on the application of a reference price methodology, the associated consultation and publication requirements as well as the calculation of reserve prices for standard capacity products and allowed revenue;

Added:(f) rules for determining the value of transferred assets and the dedicated charge;

Added:(g) balancing rules including network-related rules on nominations procedure, rules for imbalance charges and rules for operational balancing between hydrogen network operators’ networks, including network-related rules on nomination procedures, imbalance charges, settlement processes associated with the daily imbalance charge and operational balancing between transmission system operators’ networks.

Added:(h) cyber security aspects of cross-border hydrogen flows, including rules on common minimum requirements, planning, monitoring, reporting and crisis management.

Added:3. The Commission shall, after consulting ACER, ENTSOG&H, the EU DSO entity and the other relevant stakeholders, establish a priority list every three years, identifying the areas set out in paragraphs 1 and 2 to be included in the development of network codes.

Added:4. The Commission shall request ACER to submit to it within a reasonable period not exceeding six months of receipt of the Commission's request non-binding framework guidelines setting out clear and objective principles for the development of network codes relating to the areas identified in the priority list. The request of the Commission may include conditions which the framework guideline shall address. Each framework guideline shall contribute to market integration, non-discrimination, effective competition, and the efficient functioning of the market. Upon a reasoned request from ACER, the Commission may extend the period for submitting the guidelines.

Added:5. ACER shall consult the ENTSOG&H and the other relevant stakeholders in regard to the framework guideline, during a period of at least two months, in an open and transparent manner.

Added:6. ACER shall submit a non-binding framework guideline to the Commission where requested to do so under paragraph 4.

Added:7. If the Commission considers that the framework guideline does not contribute to market integration, non-discrimination, effective competition and the efficient functioning of the market, it may request ACER to review the framework guideline within a reasonable period and resubmit it to the Commission.

Added:8. If ACER fails to submit or resubmit a framework guideline within the period set by the Commission under paragraph 4 or 6, the Commission shall develop the framework guideline in question.

Added:9. The Commission shall request the ENTSOG&H to submit, within a reasonable period not exceeding 12 months of the receipt of the Commission's request, a proposal for a network code in accordance with the relevant framework guideline to ACER.

Added:10. The ENTSOG&H shall convene a drafting committee to support it in the network code development process. The drafting committee shall consist of representatives of ACER, ▌the ENTSO for Electricity and where appropriate the EU DSO entity, and a limited number of the main affected stakeholders. The ENTSOG&H shall develop proposals for network codes in the areas referred to in paragraphs 1 and 2.