What changed between the draft committee report and the plenary report

Added:(2) ‘transmission’ means transmission as defined in Article 2, point (16) of [the recast Gas Directive, COD 2021/0425];

Removed:Adapted to ensure integration of gas transmission system operators and hydrogen network operators in the joint organisation.

Added:(3) ‘transport contract’ means a contract which the transmission system operator or hydrogen network operator has concluded with a network user with a view to carrying out transport services for gas;

Removed:Article 40: deleted

Added:(4) ‘capacity’ means the maximum flow, expressed in normal cubic meters per time unit or in energy unit per time unit, to which the network user is entitled in accordance with the provisions of the transport contract;

Removed:Adapted upon creation of the ENTSOG&H.

Added:(5) ‘unused capacity’ means firm capacity which a network user has acquired under a transport contract but which that user has not nominated by the deadline specified in the contract;

Removed:Article 41: deleted / (deleted) / (deleted) / (deleted)

Added:(6) ‘congestion management’ means management of the capacity portfolio of the transmission system operator with a view to optimal and maximum use of the technical capacity and the timely detection of future congestion and saturation points;

Removed:Adapted upon creation of the ENTSOG&H.

Added:(7) ‘secondary market’ means the market of the capacity traded otherwise than on the primary market;

Removed:Article 42: deleted

Added:(8) ‘nomination’ means the prior reporting by the network user to the transmission system operator of the actual flow that the network user wishes to inject into or withdraw from the system;

Removed:Adapted upon deletion of ENNOH. All ENNOH foreseen tasks already included in the (amended) art 23 (Tasks of the joint EU organisation of Gas Transmission System Operators and Hydrogen Network Operators (ENTSOG&H)).

Added:▌

Removed:Article 43: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added:(10) ‘system integrity’ means any situation in which the pressure and the quality of the natural gas or hydrogen remain within the minimum and maximum limits, so that the transport of natural gas or hydrogen is guaranteed from a technical standpoint;

Removed:Adapted upon deletion of ENNOH. All ENNOH foreseen tasks already included in the (amended) article 29 (Ten-years network development plan).

Added:(11) ‘balancing period’ means the period within which the off-take of an amount of gas, expressed in units of energy, must be offset by every network user by means of the injection of the same amount of gas in accordance with the network code;

Removed:Article 44: deleted / (deleted) / (deleted)

Added:(12) ‘network user’ means a customer or a potential customer of a transmission system operator or hydrogen network operator, and transmission system operators or hydrogen network operators themselves in so far as it is necessary for them to carry out their functions in relation to transport of natural gas and hydrogen;

Removed:Adapted upon deletion of ENNOH. Already covered by (amended) article 27 (Costs).

Added:(13) ‘interruptible services’ means services offered by the transmission system operator or hydrogen network operator in relation to interruptible capacity;

Removed:Article 45: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Added:(14) ‘interruptible capacity’ means gas transmission capacity that may be interrupted by the transmission system operator or hydrogen network operator in accordance with the conditions stipulated in the transport contract;

Removed:Adapted upon deletion of ENNOH. Already covered by article 26 (Consultations).

Added:(15) ‘long-term services’ means services offered by the transmission system operator or hydrogen network operator with a duration of one year or more;

Removed:Article 46: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added:(16) ‘short-term services’ means services offered by the transmission system operator or hydrogen network operator with a duration of less than one year;

Removed:Adapted upon deletion of ENNOH. Already covered by article 24 (Monitoring by ACER).

Added:(17) ‘firm capacity’ means gas transmission capacity contractually guaranteed as uninterruptible by the transmission system operator or hydrogen network operator;

Removed:Article 47: deleted / (deleted) / (deleted) / (deleted)

Added:(18) ‘firm services’ mean services offered by the transmission system operator or hydrogen network operator in relation to firm capacity;

Removed:Adapted upon deletion of ENNOH. Already covered by article 28 (Regional cooperation of transmission system operators).

Added:(19) ‘technical capacity’ means the maximum firm capacity that can be offered to the network users, taking account of system integrity and the operational requirements of the transmission system or hydrogen network;

Removed:Article 53 – paragraph 2 – point f a (new): (fa) third-party access rules;

Added:(20) ‘contracted capacity’ means capacity that r has been allocated to a network user by means of a transport contract;

Removed:Article 53 – paragraph 2 – point f b (new): (fb) transparency rules.

Added:(21) ‘available capacity’ means the part of the technical capacity that is not allocated and is still available to the system at that moment;

Removed:Article 53 – paragraph 10: 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:(22) ‘contractual congestion’ means a situation where the level of firm capacity demand exceeds the technical capacity;

Removed:Article 53 – paragraph 10 a (new): 10a. Within three months of the date of receipt of the network code, ACER shall provide a reasoned opinion to the ENTSOG&H or the EU DSO entity, as appropriate.

Added:(23) ‘primary market’ means the market of the capacity traded directly by the transmission system operator or hydrogen network operator;

Removed:Article 53 – paragraph 10 b (new): 10b. The ENTSOG&H or the EU DSO entity in cooperation with the ENTSOG&H, as appropriate, may amend the network code in light of the opinion of ACER and re-submit it to ACER.

Added:▌

Removed:Article 53 – paragraph 11: 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:(25) ‘LNG facility capacity’ means capacity at a liquefied natural gas (LNG) terminal for the liquefaction of natural gas or the importation, offloading, ancillary services, temporary storage and re-gasification of LNG;

Removed:Article 54 – paragraph 10: 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.

Added:(26) ‘space’ means the volume of gas which a user of a storage facility is entitled to use for the storage of gas;

Removed:Article 54 – paragraph 10 a (new): 10a. Within three months of the date of receipt of a network code, ACER shall provide a reasoned opinion to the ENTSOG&H or the EU DSO, as appropriate.

Added:(27) ‘deliverability’ means the rate at which the storage facility user is entitled to withdraw gas from the storage facility;

Removed:Article 54 – paragraph 10 b (new): 10b. The ENTSOG&H may amend the network code in light of the opinion of ACER and re-submit it to ACER.

Added:(28) ‘injectability’ means the rate at which the storage facility user is entitled to inject gas into the storage facility;

Removed:Article 54 – paragraph 11: 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 revised network code, ACER shall take into account the views provided by all involved parties during the drafting of the proposal led by the ENTSOG&H and shall consult the relevant stakeholders on the revised version to be submitted to the Commission.

Added:(29) ‘storage capacity’ means any combination of space, injectability and deliverability;

Removed:Article 62 – paragraph 2 – subparagraph 1 a (new): The Commission shall, by ... [3 months after the date of adoption of this Regulation] submit a report to the European Parliament and to the Council on derogations granted under Article 81 of [recast Gas Directive]. Thereafter, the Commission shall submit such a report upon the request of at least one Member State. The report shall, in particular, assess the impact of granted derogations on effective functioning of and competition in the internal market in natural gas as well as on security of energy supply and the essential security interests of the Union and the Member States, taking into account the principle of energy solidarity and the REPowerEU Plan objectives. / If the report finds that a derogation granted is detrimental to the effective functioning of or competition in the internal market in natural gas, to security of energy supply or the essential security interests of the Union or the Member States, the Commission shall, within one month of the submission of the report, adopt a decision requiring the relevant competent authority to revoke the derogation. / After the derogation is revoked, the relevant Member State shall ensure that the enforcement of rules set out in this Regulation and [recast Gas Directive] takes into account their effective application on Union territory and the integrated nature of the transmission line.

Added:(30) ‘entry-exit system’ means an access model for natural gas transmission or distribution systems where system users book capacity rights independently on entry and exit points;

Removed:Regulation (EU) 2019/942

Added:(31) ‘balancing zone’ means an entry-exit system to which a specific balancing regime is applicable;

Removed:Article 65 – paragraph 1 – point 16, Article 15 – paragraph 1: ACER, in close cooperation with the Commission, the Member States and the relevant national authorities, including the regulatory authorities, and without prejudice to the competences of competition authorities, shall monitor the wholesale and retail markets in electricity and natural gas, in particular the retail prices of electricity and natural gas, compliance with the consumer rights laid down in Directive (EU) 2019/944 and [Gas Directive], the impact of market developments on household customers, access to the networks including access of electricity produced from renewable energy sources, the progress made with regard to interconnectors, potential barriers to cross-border trade, including the impact of blending hydrogen into the natural gas system and barriers to the cross-border flow of biomethane, regulatory barriers for new market entrants and smaller actors, including citizen energy communities and renewable energy communities, state interventions preventing prices from reflecting actual scarcity, such as those set out in Article 10(4) of Regulation (EU) 2019/943, the performance of the Member States in the area of security of supply of electricity based on the results of the European resource adequacy assessment as referred to in Article 23 of that Regulation, taking into account, in particular, the ex-post evaluation referred to in Article 17 of Regulation (EU) 2019/941.