What changed between the draft committee report and the plenary report

Added:(84) Therefore, Regulations (EU) 2019/942, (EU) 2019/943 and (EU) 2024/1789 should be amended accordingly, and Regulation (EU) 2022/869 should be repealed.

Added:(85) Since the objectives of this Regulation, namely the development and interoperability of trans-European energy networks and connection to such networks that contribute to ensuring climate change mitigation, in particular achieving the Union’s targets for energy and climate and its climate neutrality objective by 2050 at the latest, and to ensuring interconnections, energy security, market and system integration, competition that benefits all Member States, and affordable energy prices, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the proposed action, 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,

Added:HAVE ADOPTED THIS REGULATION:

Added:General provisions

Added:1. This Regulation lays down guidelines for the timely development and interoperability of the priority corridors and areas of trans-European energy infrastructure (energy infrastructure priority corridors and areas) set out in Annex I, that contribute to ensuring energy affordability, energy system resilience and climate change mitigation, in particular achieving the Union’s targets for energy and climate and its climate neutrality objective by 2050 at the latest, and climate change adaptation, in particular increasing resilience of the networks, and to ensuring interconnections, energy security, market and system integration and competition that benefits all Member States, as well as affordability of energy prices, enabling low energy system costs and leading to higher affordability of energy.

Added:2. In particular, this Regulation:

Added:(a) provides for the identification of projects of common interest and of projects of mutual interest on the Union list;

Added:(b) facilitates the timely implementation of projects on the Union list by streamlining, coordinating more closely and accelerating permit-granting processes, and by enhancing transparency and public participation;

Added:(c) provides rules for the cross-border allocation of costs and risk-related incentives for projects on the Union list;

Added:(d) determines the conditions for eligibility of projects on the Union list for Union financial assistance.

Added:For the purposes of this Regulation, in addition to the definitions in Regulations (EU) 2018/1999, (EU) 2019/942 and (EU) 2019/943 and (EU) 2024/1789, and in Directive (EU) 2018/2001 of the European Parliament and of the Council and Directives (EU) 2019/944 and (EU) 2024/1788 the following definitions apply:

Added:(1) ‘energy infrastructure’ means any physical equipment or facility falling under the energy infrastructure categories set out in Annex II which is located within the Union, or linking the Union and third countries;

Added:(2) ‘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;

Added:(3) ‘comprehensive decision’ means the binding document, available to project promoters in writing or electronic form, comprised of, or containing, the decision or set of decisions taken by a Member State authority or authorities other than courts or tribunals, that determines whether or not a project promoter is authorised to build the energy infrastructure to realise a project of common interest or a project of mutual interest by having the possibility to start, or procure and start, the necessary construction works (ready-to-build phase) without prejudice to any decision taken in the context of an administrative appeal procedure;

Added:(4) ‘project’ means one or several lines, pipelines, facilities, equipment or installations falling under the energy infrastructure categories set out in Annex II;

Added:(5) ‘project of common interest’ means a project which is necessary to implement the energy infrastructure priority corridors and areas set out in Annex I and which is on the Union list;

Added:(6) ‘project of mutual interest’ means a project promoted by the Union in cooperation with one or more third countries, which is supported by the governments of the directly affected countries, contributes to the Union’s 2050 climate neutrality objective, is on the Union list, and falls under one of the infrastructure categories for electricity set out in points (1)(a), (c), (d), (g) or (h) of Annex II, and links the Union electricity system with the electricity grid of a third country, or has a significant cross-border impact in accordance with point (2)(a) of Annex IV, falls under one of the infrastructure categories for hydrogen set out in point (2) of Annex II, or falls under one of the infrastructure categories for CO2 set out in points (4)(a) or (c) of that Annex;

Added:(7) ‘competing projects’ means projects that fully or partially address the same identified infrastructure need;

Added:(8) ‘project promoter’ means one of the following:

Added:(a) a transmission system operator (TSO), a distribution system operator (DSO), a hydrogen network operator (HNO) or another operator or investor developing a project on the Union list;

Added:(b) in the case of more than one such TSO, DSO, HNO, other operator or investor, or any group thereof, the entity with legal personality under the applicable national law which has been designated by contractual arrangement between them and which has the capacity to undertake legal obligations and assume financial liability on behalf of the parties to the contractual arrangement;

Added:(9) ‘smart electricity grid’ means an electricity network, including on islands that are not interconnected or not sufficiently connected to the trans-European energy networks, that enables cost-efficient integration and active participation of all users connected to it, including generators, consumers and prosumers, energy storage facilities, flexibility resources and aggregators in order to ensure an economically efficient and sustainable power system with grid optimisation, low losses and a high level of integration of low-carbon and renewable sources, of security of supply and of safety, and in which the grid operator can digitally monitor, control and optimise system-relevant parameters associated with the users connected to it, and make use of Union-wide harmonised, interoperable, secure and cyber-resilient information and communication technologies for communicating with related grid operators, generators, energy storage facilities, and consumers or prosumers, and flexibility providers and aggregators with a view to transmitting and distributing electricity in a sustainable, cost-efficient and secure way;

Added:(10) ‘national regulatory authority’ means a national regulatory authority designated in accordance with Article 76(1) of Directive (EU) 2024/1788 or a regulatory authority at national level designated in accordance with Article 57 of Directive (EU) 2019/944;

Added:(11) ‘relevant national regulatory authority’ means the national regulatory authority in the Member States hosting the projects and in Member States to which the project provides a significant positive impact;

Added:(12) ‘authority concerned’ means an authority that, under national law, is competent to issue various permits and authorisations related to the planning, design and construction of immovable assets necessary to complete a project of common interest or a project of mutual interest, including energy infrastructure in itself, and the authority competent to issue permits and authorisations related to the works necessary to complete the project;

Added:(13) ‘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;

Added:(14) ‘studies’ means activities required to prepare project implementation, such as preparatory, feasibility, evaluation, testing and validation studies, including software, and any other technical support measure including prior action to define and develop a project and decide on its financing, such as reconnaissance of the sites concerned and preparation of the financial package;

Added:(15) ‘commissioning’ means the process of bringing a project into operation once it has been constructed;

Added:(16) ‘dedicated hydrogen assets’ means hydrogen infrastructure designed for the exclusive use or transport of pure hydrogen without the need for any further adaptation works, including pipeline networks or storage facilities that are newly constructed, repurposed from natural gas assets, or both;

Added:(17) ‘repurposing’ means the technical upgrading or modification of existing natural gas infrastructure in order to ensure that it is dedicated to the exclusive use of hydrogen or transport, management and storage of CO2, excluding any mixed or dual use with natural gas or other fossil fuels;

Added:(18) ‘climate adaptation’ means a process that ensures that resilience to the potential adverse impacts of climate change of energy infrastructure is achieved through a climate vulnerability and risk assessment, including through relevant adaptation measures such as predictive, preventive and anticipatory measures against climate-related risks;

Added:(18a) ‘interconnector transmission system operator’ means a transmission system operator whose transmission system consists predominantly of one or more interconnectors and who is responsible for the operation, maintenance and development of interconnectors, but is not responsible for the operation of a transmission system in a load frequency control area;

Added:(19) ‘non-wire solutions’ means investments in the energy infrastructure in electricity, which can increase the available grid capacity or improve, or optimise the efficiency of grid operation, including through grid enhancing technologies, digital and automated solutions, dynamic line rating, advanced power-flow control, voltage regulation, digital monitoring and automation, system-level measurement and topology optimisation, in order to defer or remove the need to construct or upgrade components of a transmission or distribution system;

Added:(19a) ‘grid enhancing technologies’ means innovative wire and innovative non-wire solutions that use advanced materials, digital technologies supporting advanced grid operation digitalisation, high-resolution measurement, or novel system design to add or materially increase electricity network capacity more efficiently and sustainably than traditional grid infrastructure;

Added:(19b) ‘innovative wire solutions’ means advanced and high-performance conductors or conductor coatings which deliver materially higher power transfer capability and higher efficiency than conventional grid conductors, including carbon-fibre composite overhead lines, superconducting cables, capacitive transfer cables, and other novel line or cable technologies that utilise advanced materials;

Added:(19c) ‘innovative non-wire solutions’ means innovative solutions based on digitalised assets which are deployed to increase the available grid capacity or improve the efficiency of grid operation, including dynamic line rating, advanced power-flow control, voltage regulation, digital monitoring and automation, system-level measurement, topology optimisation, and flexibility-enabling technologies, which actively manage network constraints using real-time data and control;

Added:(19d) ‘system efficiency’ means ‘system efficiency’ as defined in Article 2, point (4), of Directive (EU) 2023/1791 of the European Parliament and of the Council.

Added:Projects of common interest and projects of mutual interest

Added:1. Regional groups (‘Groups’) shall be established in accordance with the process set out in Section 1 of Annex III. The membership of each Group shall be based on each priority corridor and area and their respective geographical coverage as set out in Annex I. The Groups can merge or meet in different configurations as necessary. The cross-regional meeting configuration of all Groups shall be the TEN-E Group. Decision-making power in the Groups shall be restricted to Member States and the Commission (together referred to as ‘the decision-making body’) and shall be based on consensus.

Added:2. The TEN-E Group shall adopt rules of procedure, having regard to the provisions set out in Annex III. Those rules of procedure shall apply to all Groups.

Added:3. The decision-making body of each Group shall adopt a regional list of projects 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 set out in Annex I; and their fulfilment of the criteria set out in Article 4.

Added:Where the decision-making body of a Group draws up its regional list:

Added:(a) each individual proposal for a project shall require the approval of the Member States to whose territory the project relates; where a Member State does not give its approval, it shall present its substantiated reasons to the decision-making body;

Added:(b) it shall take into account advice from the Commission with the aim of having a manageable total number of projects on the Union list.

Added:4. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Regulation by establishing the Union list, subject to Article 172, second paragraph, of the Treaty.

Added:The Union list shall be established every two years, on the basis of the regional lists adopted by the decision-making bodies of the Groups established pursuant to Section 1, point (1), of Annex III, following the procedure set out in paragraph 3 of this Article.

Added:The Commission shall adopt the delegated act establishing the first Union list pursuant to this Regulation by 30 November 2029.

Added:If a delegated act adopted by the Commission pursuant to this paragraph cannot enter into force due to an objection expressed either by the European Parliament or the Council pursuant to Article 23(6), the Commission shall immediately convene the Groups in order to draw up new regional lists taking into account the reasons for the objection. The Commission shall adopt a new delegated act establishing the Union list as soon as possible.

Added:5. When establishing the Union list by combining the regional lists referred to in paragraph 3, the Commission shall, taking due account of the deliberations of the Groups:

Added:(a) ensure that only projects that fulfil the criteria referred to in Article 4 are included;

Added:(b) ensure cross-regional consistency;

Added:(c) take into account the opinions of Member States referred to in Section 2, point (10), of Annex III;

Added:(d) aim to ensure a manageable total number of projects on the Union list.

Added:6. Projects of common interest and projects of mutual interest that fall under the energy infrastructure categories set out in points (1)(a), (b), (c), (d), (f) and (h) of Annex II, as relevant, shall become an integral part of the relevant regional investment plans adopted in accordance with Article 34 of Regulation (EU) 2019/943 and of the relevant national ten-year network development plans adopted in accordance with Article 51 of Directive (EU) 2019/944, National Energy and Climate Plans adopted in accordance with Article 3 of Regulation (EU) 2018/1999, and other national infrastructure plans, as appropriate. Projects of common interest and projects of mutual interest that fall under the energy infrastructure categories set out in point (2) of Annex II ,as relevant, shall become an integral part of the ten-year network development plan for hydrogen under Article 55 of Directive (EU) 2024/1788 and other national infrastructure plans, as appropriate. Those projects of common interest and projects of mutual interest shall be conferred the highest possible priority within each of those national plans. This paragraph shall not apply to competing projects or projects that have not reached a sufficient degree of maturity to provide a project-specific cost-benefit analysis as referred to in Section 2, point (1)(d), of Annex III.

Added:7. Projects of common interest and projects of mutual interest that fall under the energy infrastructure categories set out in points (1)(a), (b), (c), (d), (f) and (h) and point (2) of Annex II, as relevant, and that are competing projects or projects that have not reached a sufficient degree of maturity to provide a project-specific cost-benefit analysis as referred to in Section 2, point (1)(d), of Annex III may 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.

Added:1. A project of common interest shall meet the following general criteria:

Added:(a) the project is necessary for at least one of the energy infrastructure priority corridors and areas set out in Annex I;

Added:(aa) the project contributes significantly to the objectives referred to in Article 1(1) and to sustainability, including through the integration of renewable and low carbon energy into the grid and the transmission and distribution of renewable and low-carbon generation to major consumption centres and storage sites, and is aligned with the principle of ‘energy efficiency first’;

Added:(b) the potential overall benefits of the project, assessed in accordance with the relevant specific criteria in paragraph 3, outweigh its costs, including in the longer term;

Added:(c) the project meets any of the following criteria: