New natural gas and hydrogen infrastructure
1. Major new natural gas infrastructure, namely interconnectors, LNG facilities and natural gas storage facilities, may, upon request, be exempted, for a set period, from the application of provisions of this Regulation, except from Article 34(5) and (6), and from the application of Article 31(1), Article 32, Article 33, Article 60, Article 78(7) and (9) and Article 79(1) of Directive (EU) 2024/1788.
Major new hydrogen infrastructure, namely interconnectors, hydrogen terminals and underground hydrogen storage facilities, may, upon request, be exempted, for a set period, from the application of provisions of this Regulation, except from Article 34(5) and (6), and from the application of Articles 35, 36, 37 and 68 of Directive (EU) 2024/1788.
Any such exemption shall be subject to all of the following conditions:
(a)
the investment enhances competition in natural gas supply or hydrogen supply and enhance security of supply;
(b)
the investment contributes to decarbonisation and the achievement of the Union’s climate and energy targets and was decided by applying the energy efficiency first principle;
(c)
the level of risk attached to the investment is such that the investment would not take place unless an exemption is granted;
(d)
the infrastructure is owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built;
(e)
charges are levied on users of that infrastructure;
(f)
the exemption is not detrimental to competition in the relevant markets which are likely to be affected by the investment, to the proper functioning of the internal integrated market for natural gas or hydrogen, to the proper functioning of the regulated systems concerned, to decarbonisation or to the security of supply of the Union;
(g)
the infrastructure has not received Union financial assistance for works under Regulation (EU) 2021/1153 of the European Parliament and of the Council ( 40 ) .
The conditions referred to in the third subparagraph shall be assessed taking into account the principle of energy solidarity. Competent national authorities shall take into account the situation in other affected Member States and balance possible negative effects with the beneficial effects on its territory.
2. The exemption referred to in paragraph 1 shall also apply to significant increases of capacity in existing infrastructure and to modifications of such infrastructure which enable the development of new sources of renewable gas and low-carbon gas supply.
3. The regulatory authority may, on a case-by-case basis, decide on the exemption referred to in paragraphs 1 and 2.
Before the adoption of the decision on the exemption, the regulatory authority, or, where appropriate, another competent authority of the Member State concerned, shall consult:
(a)
the regulatory authorities of the Member States the markets of which are likely to be affected by the new infrastructure; and
(b)
the relevant authorities of the third countries, where the infrastructure concerned is connected with the Union network under the jurisdiction of a Member State, and originates from or ends in one or more third countries.
Where the third-country authorities consulted do not respond to the consultation within a reasonable period or by a set deadline not exceeding three months, the regulatory authority concerned may adopt the necessary decision.
4. Where the infrastructure concerned is located in the territory of more than one Member State, ACER may submit an advisory opinion to the regulatory authorities of the Member States concerned within two months of the date on which the request for exemption was received by the last of those regulatory authorities. Such an advisory opinion may be used as a basis for the decision of the regulatory authorities.
Where all the regulatory authorities concerned agree on the request for exemption within six months of the date on which it was received by the last of the regulatory authorities, they shall inform ACER of their decision. Where the infrastructure concerned is a transmission line between a Member State and a third country, the regulatory authority, or, where appropriate, another competent authority of the Member State where the first interconnection point with the Member States’ network is located, may consult before the adoption of the decision on the exemption the relevant authority of that third country with a view to ensuring, as regards the infrastructure concerned, that this Regulation is applied consistently in the territory and, where applicable, in the territorial sea of that Member State. Where the third-country authority consulted does not respond to the consultation within a reasonable period or by a set deadline not exceeding three months, the regulatory authority concerned may adopt the necessary decision.
ACER shall exercise, in accordance with Article 10 of Regulation (EU) 2019/942, the tasks conferred on the regulatory authorities of the Member States pursuant to this Article:
(a)
where all regulatory authorities concerned have not been able to reach an agreement within a period of six months of the date on which the request for exemption was received by the last of those regulatory authorities; or
(b)
upon a joint request from the regulatory authorities concerned.
All regulatory authorities concerned may, jointly, request that the period referred to in the third subparagraph, point (a), is extended by up to three months.
5. Before adopting a decision, ACER shall consult the relevant regulatory authorities and the applicants.
6. An exemption may cover all or part of the capacity of the new infrastructure or of the existing infrastructure with significantly increased capacity.
In deciding to grant an exemption, consideration shall be given, on a case-by-case basis, to the need to impose conditions regarding the duration of the exemption and non-discriminatory access to the infrastructure. In deciding on those conditions, account shall be taken, in particular, of the additional capacity to be built or the modification of existing capacity, the projected period of the project and national circumstances.
Before granting an exemption, the regulatory authority shall decide upon the rules and mechanisms for management and allocation of capacity. The rules shall require that all potential users of the infrastructure are invited to indicate their interest in contracting capacity before capacity allocation in the new infrastructure, including for own use, takes place. The regulatory authority shall require congestion management rules to include the obligation to offer unused capacity on the market, and shall require users of the infrastructure to be entitled to trade their contracted capacities on the secondary market. In its assessment of the criteria referred to in paragraph 1, points (a), (c) and (f), the regulatory authority shall take into account the results of that capacity allocation procedure.
The exemption decision, including any conditions referred to in the second subparagraph, shall be duly reasoned and published.
7. When analysing whether a major new infrastructure is expected to enhance security of supply pursuant to paragraph 1, point (a), of this Article, the competent authority shall consider to what extent the new infrastructure is expected to improve Member States’ compliance with their obligations under Regulation (EU) 2017/1938, both at regional and national level.
8. Where an authority other than the regulatory authority is competent to adopt exemption decisions, Member States may provide that their regulatory authority or ACER, as the case may be, is to submit an opinion on the request for an exemption to that competent authority in the Member State concerned, before the adoption of the formal exemption decision. That opinion shall be published together with the decision.
9. The competent authority shall transmit to the Commission, without delay, a copy of every request for exemption following receipt. The competent authority shall notify, without delay, the Commission of the exemption decision together with all the relevant information. That information may be submitted to the Commission in aggregate form, enabling the Commission to assess the exemption decision and shall contain, in particular:
(a)
the detailed reasons on the basis of which the regulatory authority, or Member State, granted or refused the exemption together with a reference to the relevant point or points of paragraph 1 setting out the conditions on which that decision is based, including the financial information justifying the need for the exemption;
(b)
the analysis undertaken of the effect on competition and the proper functioning of the internal market resulting from the granting of the exemption;
(c)
the reasons for the duration of the exemption and the share of the total capacity of the infrastructure for which the exemption is granted;
(d)
where the exemption relates to an interconnector, the result of the consultation with the regulatory authorities concerned;
(e)
the contribution of the infrastructure to the diversification of supply.
10. Within 50 working days of the day following that of receipt of the notification under paragraph 9, the Commission may adopt a decision requesting the notifying bodies to amend or withdraw the decision to grant an exemption. Before adopting the decision on the exemption, the Commission may seek an opinion of the European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 of the European Parliament and of the Council ( 41 ) as to whether the exemption contributes to achieving the Union’s climate and energy targets. That period may be extended by an additional 50 working days where further information is requested by the Commission. The additional period shall begin on the day following receipt of the complete information. The initial period may also be extended by consent of both the Commission and the notifying bodies.
Where the requested information is not provided within the period set out in the request, the notification shall be considered to be withdrawn unless, before the expiry of that period, either the period has been extended with the consent of both the Commission and the regulatory authority, or the regulatory authority, in a duly reasoned statement, has informed the Commission that it considers the notification to be complete.
The regulatory authority shall comply with the Commission decision to amend or withdraw the exemption decision within a period of one month and shall inform the Commission accordingly.
The Commission shall preserve the confidentiality of commercially sensitive information.
Where the Commission approves an exemption decision, that approval shall lose its effect:
(a)
after two years from its adoption where the construction of the infrastructure has not yet started;
(b)
after five years from its adoption where the infrastructure has not become operational within that period, unless the Commission decides that any delay is due to major obstacles beyond the control of the person to whom the exemption has been granted.
11. The Commission is empowered to adopt delegated acts in accordance with Article 80 in order to supplement this Regulation by setting guidelines for the application of the conditions laid down in paragraph 1 of this Article and for the procedure to be followed for the application of paragraphs 3, 6, 8 and 9 of this Article.
Derogations
This Regulation shall not apply to natural gas transmission systems situated in Member States for the duration of derogations granted pursuant to Article 86 of Directive (EU) 2024/1788.
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 14(5), Article 18(3), Article 31(3), Article 71(1), Article 72(1), Article 74(3) and (4) and Article 78(11) shall be conferred on the Commission for an indeterminate period of time from 4 August 2024.
3. The delegation of power referred to in Article 14(5), Article 18(3), Article 31(3), Article 71(1), Article 72(1), Article 74(3) and (4) and Article 78(11) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 14(5), Article 18(3), Article 31(3), Article 71(1), Article 72(1), Article 74(3) or (4) or Article 78(11) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Committee procedure
1. The Commission shall be assisted by the committee established by Article 91 of Directive (EU) 2024/1788. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Review and reporting
1. By 31 December 2030, the Commission shall review this Regulation and shall submit a report to the European Parliament and to the Council, accompanied, where appropriate, by legislative proposals.
2. By 5 August 2029, the Commission may prepare a report assessing how to enable stronger system integration and harness further synergies across the hydrogen, electricity and natural gas sectors, including assessing the possibility of enhanced cooperation between, or integration of, the ENTSO for Electricity, the ENTSO for Gas and the ENNOH. That report shall be accompanied, where appropriate, by legislative proposals.
Amendments to Regulation (EU) No 1227/2011
Regulation (EU) No 1227/2011 is amended as follows:
(1)
in Article 2, point (1)(b) and points (4) and (5), Article 3(3) and (4), point (c), Article 4(1) and Article 8(5), the term ‘electricity or natural gas’ is replaced by the term ‘electricity, hydrogen or natural gas’;
(2)
in Article 6(2), points (a) and (b), the term ‘electricity and gas markets’ is replaced by the term ‘electricity, hydrogen and natural gas markets’.
Amendments to Regulation (EU) 2017/1938
Regulation (EU) 2017/1938 is amended as follows:
(1)
Article 1 is replaced by the following:
‘Article 1
Subject matter
This Regulation establishes provisions aiming to safeguard the security of gas supply in the Union by ensuring the proper and continuous functioning of the internal market for gas by allowing for exceptional measures to be implemented when the market can no longer deliver the gas supplies required, including solidarity measure of a last resort, and by providing for the clear definition and attribution of responsibilities among natural gas undertakings, the Member States and the Union regarding both preventive action and the reaction to concrete disruptions of gas supply. This Regulation also establishes transparent mechanisms concerning, in a spirit of solidarity, the coordination of planning for, and response to, emergencies at national, regional and Union level.’
;
(2)
Article 2 is amended as follows:
(a)
point (1) is deleted;
(b)
the following point is added:
‘(32)
“gas” means natural gas as defined in Article 2, point (1), of Directive (EU) 2024/1788 ( *1 ) .
( *1 ) Directive (EU) 2024/1788 of the European Parliament and of the Council of 13 June 2024 on common rules for the internal markets in renewable gas, natural gas and hydrogen, amending Directive (EU) 2023/1791 and repealing Directive 2009/73/EC ( OJ L, 2024/1788, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1788/oj ).’;"
(3)
Article 7 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1. By 1 November 2026, ENTSOG shall carry out a Union-wide simulation of gas supply and infrastructure disruption scenarios, including scenarios of a prolonged disruption of a single supply source. The simulation shall include the identification and assessment of emergency gas supply corridors and shall also identify which Member States can address identified risks, including in relation to gas storage and LNG as well as scenarios examining the impact of a decrease in gas demand through energy savings or energy efficiency measures. The gas supply and infrastructure disruption scenarios and the methodology for the simulation shall be defined by ENTSOG in cooperation with the GCG. ENTSOG shall ensure an appropriate level of transparency and access to the modelling assumptions used in its scenarios. The Union-wide simulation of gas supply and infrastructure disruption scenarios shall be repeated every four years until circumstances warrant more frequent updates.’
;
(b)
in paragraph 4, point (e) is replaced by the following:
‘(e)
taking into account risks relating to the control of infrastructure relevant to the security of gas supply to the extent that they may involve, inter alia, risks of underinvestment, undermining diversification, misuse of existing infrastructure, including hoarding of storage capacities, or an infringement of Union law;’
;
(4)
Article 8 is amended as follows:
(a)
paragraph 1 is deleted;
(b)
in paragraph 3, the third subparagraph is replaced by the following:
‘The regional chapters shall contain appropriate and effective cross-border measures, including in relation to gas storage and LNG, subject to agreement between the Member States implementing the measures from the same or different risk groups affected by the measure on the basis of the simulation referred to in Article 7(1) and the common risk assessment.’
;
(5)
the following article is inserted:
‘Article 8a
Measures on cybersecurity
1. When establishing the preventive action plans and the emergency plans, the Member States shall consider the appropriate measures related to cybersecurity.
2. The Commission is empowered to adopt delegated acts in accordance with Article 19 to supplement this Regulation by establishing gas sector-specific rules for the cybersecurity aspects of cross-border gas flows, including rules on common minimum requirements, planning, monitoring, reporting and crisis management.
3. For the purpose of drafting the delegated acts referred to in paragraph 2 of this Article, the Commission shall work closely with the Agency, the European Union Agency for Cybersecurity (ENISA), ENTSOG and a limited number of main stakeholders concerned, as well as entities with existing competences in cybersecurity, within their own mandate, such as Security Operation Centres (SOCs) relevant for regulated entities, and computer security incident response teams (CSIRTs), as referred to in Article 10 of Directive (EU) 2022/2555 of the European Parliament and of the Council ( *2 ) .
( *2 ) Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive)( OJ L 333, 27.12.2022, p. 80 ).’;"
(6)
Article 9, paragraph 1 is amended as follows:
(a)
point (e) is replaced by the following:
‘(e)
other preventive measures designed to address the risks identified in the risk assessment such as those relating to the need to enhance interconnections between neighbouring Member States, to further improve energy efficiency, to prevent capacity hoarding, to reduce gas demand and the possibility to diversify gas routes and sources of gas supply and the regional utilisation of existing storage and LNG capacities, if appropriate, in order to maintain gas supply to all customers as far as possible;’
;
(b)
the following point is added:
‘(l)
information on measures related to cybersecurity, as referred to in Article 8a.’
;
(7)
in Article 11, the following paragraph is inserted:
‘7a. By way of derogation from Article 6(1), (2) and (3), Article 6b(1), third subparagraph, point (a), Article 6c(2), second subparagraph, point (b), and Article 10(1), point (l), Member States may, exceptionally, decide to take temporary measures to reduce the non-essential gas consumption of protected customers, in particular when one of the crisis levels pursuant to paragraph 1 of this Article or a regional or Union emergency pursuant to Article 12 is declared. Such temporary measures shall be limited to non-essential gas consumption and shall take into account the following elements:
(a)
the impact of a disruption on supply chains that are critical for society;
(b)
the possible negative impacts in other Member States, in particular on supply chains of downstream sectors that are critical for society;
(c)
the potential long-lasting damage to industrial installations;
(d)
the possibilities for reducing consumption and substituting products in the Union.
Such exceptional measures may be taken only after an assessment is carried out by the competent authorities with regard to the conditions to determine such non-essential volumes of gas.
As a result of measures referred to in the first subparagraph of this paragraph, the reduction of non-essential gas consumption of vulnerable customers, as defined by Member States in accordance with Article 26 of Directive (EU) 2024/1788, shall be avoided.’
;
(8)
in Article 12(6), the second subparagraph is replaced by the following:
‘Within three days of notification of the Commission request, the Member State or the competent authority shall modify its action and notify the Commission thereof, or shall inform the Commission of the reasons for which it disagrees with the request. In the latter case, the Commission may, within three days of being informed, amend or withdraw its request or convene the Member State or the competent authority and, where the Commission considers it to be necessary, the GCG in order to consider the issue. The Commission shall set out its detailed reasons for requesting any modification to the action. The Member State or the competent authority shall modify its action or take action in order to ensure compliance with paragraph 5 as far as technically and safely possible for the integrity of the gas system. The Member State or the competent authority shall inform the Commission of the measures adopted.’
;
(9)
Article 13 is amended as follows:
(a)
paragraphs 3, 4 and 5 are replaced by the following:
‘3. A solidarity measure shall be taken as a last resort and shall apply provided that the requesting Member State has:
(a)
declared an emergency under Article 11;
(b)
not been able to cover the deficit in gas supply to its solidarity protected customers despite the application of the measure referred to in Article 11(3) or, where a Member State has taken temporary measures to reduce the non-essential gas consumption of protected customers in accordance with Article 11(7a), the essential volumes of gas consumption to its solidarity protected customers;
(c)
exhausted all market-based measures (voluntary measures), all non-market-based measures (mandatory measures) and other measures contained in its emergency plan;
(d)
notified an explicit request to the Commission and to the competent authorities of all Member States with which it is connected either directly or pursuant to paragraph 2 via a third country, accompanied by a description of the implemented measures referred to in point (c) of this paragraph.
3a. The Member States which are obliged to provide solidarity pursuant to paragraph 1 shall be entitled to deduct from the solidarity offer the supplies to its solidarity protected customers or, where a Member State has taken temporary measures to reduce the non-essential gas consumption of protected customers in accordance with Article 11(7a), the supplies of the essential volumes of consumption of gas to its solidarity protected customers.
4. The Member States that receive a request for a solidarity measure shall make offers on the basis of voluntary demand-side measures as much as and for as long as possible, before resorting to non-market-based measures.
Where market-based measures prove to be insufficient for the Member State providing solidarity to cover the deficit in gas supply to solidarity protected customers in the requesting Member State, the Member State providing solidarity may introduce non-market-based measures in order to comply with the obligations laid down in paragraphs 1 and 2.
5. If there is more than one Member State that could provide solidarity to a requesting Member State, the requesting Member State shall, after consulting all Member States required to provide solidarity, seek the most advantageous offer on the basis of costs, speed of delivery, reliability and diversification of gas supplies. Where the available market-based offers prove not to be sufficient to cover the deficit in gas supply to the solidarity protected customers in the requesting Member State or, where the requesting Member State has taken temporary measures to reduce the non-essential gas consumption of protected customers in accordance with Article 11(7a), the deficit in gas supply of the essential volumes of gas consumption to its solidarity protected customers, the Member States required to provide solidarity shall be obliged to activate non-market-based measures.’
;
(b)
paragraph 8 is amended as follows:
(i)
in the first subparagraph, the introductory wording is replaced by the following:
‘Solidarity under this Regulation shall be provided on the basis of compensation. The Member State requesting solidarity shall promptly pay, or ensure prompt payment of, fair compensation to the Member State providing solidarity.
Where two Member States have agreed on the necessary technical and legal arrangements pursuant to paragraph 10 (solidarity agreement), such fair compensation shall cover at least:’
;
(ii)
the second and the third subparagraphs are replaced by the following:
‘Fair compensation pursuant to the first and second subparagraphs shall include, inter alia, all reasonable costs that the Member State providing solidarity incurs from an obligation to pay compensation by virtue of fundamental rights guaranteed by Union law and by virtue of the applicable international obligations when implementing this Article and further reasonable costs incurred from payment of compensation pursuant to national compensation rules.
Member States shall adopt the necessary measures, in particular the technical, legal and financial arrangements pursuant to paragraph 10, to implement the first, second and third subparagraphs of this paragraph. Such measures may provide for the practical arrangements of prompt payment.’
;
(c)
the following paragraphs are inserted:
‘8a. Where two Member States have not agreed on the necessary technical, legal and financial arrangements pursuant to paragraph 10 by means of a solidarity agreement, the delivery of gas pursuant to the obligation laid down in paragraph 1 in the event of an emergency shall be subject to the conditions set out in this paragraph.
The compensation for the solidarity measure shall not exceed reasonable costs. Unless both the Member State requesting solidarity and the Member State providing solidarity agree otherwise, the compensation shall include:
(a)
the price for gas in the Member State providing solidarity;
(b)
the storage and transport costs;
(c)
litigation costs for related judicial or arbitration proceedings involving the Member State providing solidarity;
(d)
other indirect costs that are not covered by the price for gas, such as the reimbursement of financial or other damages resulting from enforced firm load shedding of customers related to the provision of solidarity.
Unless the Member State requesting solidarity and the Member State providing solidarity agree on another price, the price for the gas supplied to the Member State requesting solidarity shall correspond to the day-ahead market price in the Member State providing solidarity the day preceding the request for solidarity or the corresponding day-ahead market price at the closest accessible exchange, at the closest accessible virtual trading point, or at an agreed hub over the day preceding the request for solidarity. Compensation for the gas volumes delivered in the context of a solidarity request shall be paid directly by the Member State requesting solidarity to the Member State providing solidarity or the entity both Member States indicate in their response to the solidarity request and the confirmation of receipt and of the volume to be taken.
The Member State to which the request for a solidarity measure is addressed shall provide the solidarity measure as soon as possible and no later than the indicated delivery time for the request. A Member State may refuse to provide solidarity to a Member State requesting solidarity provided that the requested Member State demonstrates that:
(a)
it does not have enough gas for the volumes to be supplied to the solidarity protected customers; or
(b)
it does not have sufficient interconnection capacity available, as set out in Article 13(7), or gas flows are restricted through a third country.
Such refusal shall be strictly limited to the volumes of gas affected by one or both of the limitations referred to in the fourth subparagraph.
In addition to the default rules provided for in this paragraph, Member States may agree on technical arrangements and on the coordination of the provision of solidarity. This paragraph shall be without prejudice to existing arrangements for the safe and reliable operation of the gas system.
8b. Where two Member States have not agreed on the necessary technical, legal and financial arrangements pursuant to paragraph 10 by means of a solidarity agreement, the Member State requesting the application of the solidarity measures shall issue a solidarity request to another Member State, indicating at least the following information:
(a)
the contact details of the competent authority of the Member State;
(b)
where relevant, the contact details of the relevant transmission system operators of the Member State;
(c)
where relevant, the contact details of the third party acting on behalf of the Member State;
(d)
the delivery period including timing of the first possible delivery and the anticipated duration of deliveries;
(e)
the delivery and interconnection points;
(f)
the gas volume in kWh for each interconnection point;
(g)
the gas quality.
The solidarity request shall be sent simultaneously to Member States potentially being able to provide solidarity measures, to the Commission and to the crisis managers designated pursuant to Article 10(1), point (g).
The Member States receiving a solidarity request shall send a response that indicates the contact details referred to in the first subparagraph, points (a), (b) and (c), and the volume and quality that can be supplied to the interconnection points at the time requested as referred to in the first subparagraph, points (d) to (g). If the volume that can be supplied by voluntary measures is insufficient, the response shall indicate the volume resulting from possible curtailment, from the release of strategic stocks or from the application of other measures.
Solidarity requests shall be submitted at least 48 hours before the indicated delivery time for gas.
The response to solidarity requests shall be effective within 18 hours. The confirmation of the volume to be taken by the Member State requesting solidarity shall be effective within six hours of receipt of the solidarity offer and at least 24 hours before the indicated delivery time for gas. The request may be submitted for a period of one day or several days, and the response shall match the requested duration. Where there are several Member States providing solidarity and bilateral solidarity arrangements are in place with one or several of them, those arrangements shall prevail between the Member States having agreed bilaterally. The default rules provided for in this paragraph shall only be applicable in relation to the other Member States providing solidarity.
The Commission may facilitate the implementation of solidarity, in particular by means of a template accessible on a secured online platform to enable real-time transmission of requests and offers.
8c. Where a solidarity measure has been provided in accordance with paragraphs 1 and 2, the final amount of the fair compensation that has been paid by the requesting Member State shall be subject to ex post control by the national regulatory authorities of the providing Member State and the requesting Member State, within three months of the end of the emergency.
Where the national regulatory authorities have not reached an agreement on the calculation of the final amount of the fair compensation, they shall inform the relevant competent authorities, the Commission and the Agency without delay. In that case, or upon a joint request from the national regulatory authorities, the Agency shall calculate the appropriate level of the fair compensation for the indirect costs occurred as a result of the provision of solidarity and provide a factual opinion within three months of the date of referral to the Agency. Before providing such factual opinion, the Agency shall consult the national regulatory authorities and the relevant competent authorities.
The three-month period referred to in the second subparagraph may be extended by an additional period of two months where further information is requested by the Agency. That additional period shall begin on the day following receipt of the complete information. The requesting Member State shall be consulted and give its opinion on the conclusion of the ex post control. Following the consultation with the requesting Member State, the authority which exercises that ex post control is entitled to require a rectification of the amount of the compensation, taking into account the opinion of the requesting Member State. The conclusions of that ex post control shall be transmitted to the Commission, which shall take them into consideration in its report on the emergency pursuant to Article 14(3).’
;
(d)
paragraphs 10 and 11 are replaced by the following:
‘10. The Member States shall adopt the necessary measures to ensure that gas is supplied to solidarity protected customers in the requesting Member State in accordance with paragraphs 1 and 2 and shall make their best endeavours to agree on technical, legal and financial arrangements. Such technical, legal and financial arrangements shall be agreed among the Member States which are directly connected or, in accordance with paragraph 2, connected via a third country, and shall be described in their respective emergency plans. Such arrangements may cover, among others, the following elements:
(a)
the operational safety of networks;
(b)
gas prices to be applied and the methodology for their setting, taking into account the impact on the functioning of the market;
(c)
the use of interconnections, including bi-directional capacity and underground gas storage;
(d)
gas volumes or the methodology for their setting;
(e)
categories of costs that will have to be covered by a fair and prompt compensation, that may include damages for curtailed industry;
(f)
an indication of the method how the fair compensation could be calculated.
The financial arrangement agreed between Member States before solidarity is requested shall contain provisions that allow for the calculation of the fair compensation of at least all relevant and reasonable costs incurred when providing solidarity and an undertaking that such compensation will be paid.
Any compensation mechanism shall provide incentives to participate in market-based solutions such as auctions and demand response mechanisms. It shall not create perverse incentives, including in financial terms, for market participants to postpone their action until non-market-based measures are applied. All compensation mechanisms or at least their summary shall be included in the emergency plans.
Where new and significant reasonable costs to be included in the fair compensation arise, as a result of judicial proceedings pursuant to paragraph 8, second subparagraph, point (c), after concluding the ex post control, the providing Member State shall inform immediately the requesting Member State. The national regulatory authorities and, where relevant, the Agency shall carry out a new ex post control pursuant to paragraph 8c. The outcome of that new ex post control is without prejudice to the obligation for a providing Member State to compensate damages to customers under national law and their right to receive a fair compensation.
11. For as long as a Member State can cover the gas consumption for its solidarity protected customers from its own production, it shall not be considered to be necessary to conclude technical, legal and financial arrangements with Member States with which it is directly connected or, in accordance with paragraph 2, via a third country, for the purpose of receiving solidarity. This shall not affect the obligation of the relevant Member State to provide solidarity to other Member States pursuant to this Article.’
;
(e)
paragraphs 12, 13 and 14 are deleted;
(f)
paragraph 15 is replaced by the following:
‘15. The obligations laid down in paragraphs 1 and 2 of this Article shall cease to apply immediately after the declaration of the end of an emergency or when the Commission concludes, in accordance with Article 11(8), first subparagraph, that the declaration of an emergency is not or is no longer justified.’
;
(10)
the following article is inserted:
‘Article 13a
Cooperation between indirectly connected Member States using market-based measures (voluntary measures)
1. Without prejudice to the principle of energy solidarity, this Article shall apply when Member States which are indirectly connected via another Member State and have received a request for voluntary contribution pursuant to paragraph 2 of this Article contribute to provide the requested gas volumes pursuant to Article 13(1) or (2), using voluntary measures as referred to in Article 13(3), point (c).
2. The Member State requesting solidarity under Article 13 may send a request for a voluntary contribution on the basis of market-based measures simultaneously to one or more other, indirectly connected Member States to seek the most advantageous offer or combination of offers, on the basis of the cost, speed of delivery, reliability and diversification of gas supplies pursuant to Article 13(4).
Requests pursuant to the first subparagraph of this Article shall be submitted to the indirectly connected Member States potentially being able to provide gas volumes on the basis of voluntary measures, to the Commission and to the crisis managers designated pursuant to Article 10(1), point (g), at least 48 hours before the indicated delivery time for gas. Those requests shall include at least the information referred to in Article 13(8b), first subparagraph.
Member States that receive the request pursuant to the first subparagraph of this Article shall respond to the requesting Member State, and inform the Commission and the crisis managers designated pursuant to Article 10(1), point (g), within 18 hours, indicating whether they can make an offer for gas volumes on the basis of voluntary measures. The response shall include at least the information referred to in Article 13(8a). Member States may respond by indicating their inability to contribute using market-based measures.
3. When the sum of the gas volumes resulting from the offers pursuant to Article 13(1) and (2) and offers pursuant to this Article do not reach the required volumes, offers pursuant to this Article shall be automatically selected.
When the sum of the gas volumes resulting from the offers pursuant to Article 13(1) and (2) and offers pursuant to this Article exceed the required volumes, offers pursuant to this Article shall be taken into account in the process of selecting offers pursuant to Article 13(4), and the requesting Member State shall, after consulting all involved Member States, seek the most advantageous offer, or a combination of offers amongst offers pursuant to Article 13 or this Article, on the basis of cost, speed of delivery, reliability and diversification. Where contributions under this Article are selected by the requesting Member States, the request pursuant to Article 13(1) and (2) shall be reduced accordingly.
The requesting Member State shall inform the Member States concerned which volumes it has selected within six hours of receipt of the offer and at least 24 hours before the indicated delivery time of gas.
4. Where an indirectly connected Member State provides a voluntary contribution on the basis of market-based measures to the requesting Member State pursuant to paragraphs 1 and 2 of this Article, fair compensation shall not exceed reasonable costs and may include the costs referred to in Article 13(8a), second subparagraph. The final amount of fair compensation shall be subject to the ex post control mechanism described in Article 13(8c).
5. The transmission system operators of the Member States concerned shall cooperate and exchange information using the ReCo System for Gas established by ENTSOG pursuant to Article 3(6), in order to identify the available interconnection capacities within six hours of a request of a Member State or the Commission. ENTSOG shall inform the Commission and the competent authorities of the Member States concerned accordingly.’
;
(11)
in Article 14(3), the first subparagraph is replaced by the following:
‘After an emergency, the competent authority referred to in paragraph 1 shall, as soon as possible and at the latest six weeks after the end of the emergency, provide the Commission with a detailed assessment of the emergency and the effectiveness of the measures implemented, including an assessment of the economic impact of the emergency, the impact on the electricity sector and the assistance provided to or received from, the Union and its Member States. Where relevant, that assessment shall include a detailed description of the circumstances that led to activating the mechanism referred to in Article 13 and the conditions under which the missing gas supplies were received, including the price and financial compensation paid, and, where relevant, the reasons why the solidarity offers were not accepted or gas was not supplied. Such assessment shall be made available to the GCG and shall be reflected in the updates of the preventive action plans and the emergency plans.’
;
(12)
in Article 17a, the following paragraph is added:
‘2. The report that is to be submitted by the Commission by 28 February 2025 shall also include a general assessment of the application of Articles 6a to 6d, Article 7(1) and (4), point (g), Article 13, Article 13a, Article 16(3), Article 17a, Article 18a, Article 20(4), and Annexes Ia and Ib. The report shall be accompanied, where appropriate, by a legislative proposal to amend this Regulation.’
;
(13)
Article 19 is amended as follows:
(a)
in paragraph 2, the following sentence is inserted after the first sentence:
‘The power to adopt delegated acts referred to in Article 8a(2) shall be conferred on the Commission for a period of five years from 4 August 2024.’
;
(b)
in paragraph 3, the first sentence is replaced by the following:
‘3. The delegation of power referred to in Article 3(8), Article 7(5), Article 8(5) and Article 8a(2) may be revoked at any time by the European Parliament or by the Council.’
;
(c)
in paragraph 6, the first sentence is replaced by the following:
‘6. A delegated act adopted pursuant to Article 3(8), Article 7(5), Article 8(5) or Article 8a(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object.’
;
(14)
Annex VI is amended as follows:
(a)
in Section 5, first subparagraph, point (a), second subparagraph, the following indent is inserted after the second indent ‘measures to diversify gas routes and sources of supply,’:
‘—
measures to prevent capacity hoarding;’
;
(b)
in Section 11.3, first subparagraph, point (a), second subparagraph, the following indent is inserted after the second indent ‘measures to diversify gas routes and sources of supply,’:
‘—
measures to prevent capacity hoarding;’.
Amendments to Regulation (EU) 2019/942
Regulation (EU) 2019/942 is amended as follows:
(1)
in Article 2, point (a) is replaced by the following:
‘(a)
issue opinions and recommendations addressed to transmission system operators, the ENTSO for Electricity, the ENTSO for Gas, the European Network of Network Operators for Hydrogen (ENNOH), the EU DSO entity, regional coordination centres, nominated electricity market operators, and entities established by transmission system operators for natural gas, LNG system operators, natural gas storage system operators or hydrogen storage operators or hydrogen network operators;’
;
(2)
in Article 3(2), the first subparagraph is replaced by the following:
‘At ACER’s request, the regulatory authorities, the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the regional coordination centres, the EU DSO entity, the transmission system operators for natural gas, hydrogen network operators, the nominated electricity market operators, and entities established by transmission system operators for natural gas, LNG system operators, natural gas storage system operators or hydrogen storage operators or hydrogen terminal operators shall provide to ACER the information in the same level of detail necessary for the purpose of carrying out ACER’s tasks under this Regulation, unless ACER has already requested and received such information.’
;
(3)
Article 4 is amended as follows:
(a)
paragraphs 1, 2 and 3 are replaced by the following:
‘1. ACER shall provide an opinion to the Commission on the draft statutes, list of members and draft rules of procedure of the ENTSO for Electricity in accordance with Article 29(2) of Regulation (EU) 2019/943 and on those of the ENTSO for Gas in accordance with Article 25(2) of Regulation (EU) 2024/1789 of the European Parliament and of the Council ( *3 ) and on those of the ENNOH in accordance with Article 57(9) of Regulation (EU) 2024/1789 and on those of the EU DSO entity in accordance with Article 53(3) of Regulation (EU) 2019/943 and Article 40(4) of Regulation (EU) 2024/1789.
2. ACER shall monitor the execution of the tasks of the ENTSO for Electricity in accordance with Article 32 of Regulation (EU) 2019/943, of the ENTSO for Gas in accordance with Article 27 of Regulation (EU) 2024/1789 and of the ENNOH in accordance with Article 64 of Regulation (EU) 2024/1789 and of the EU DSO entity as set out in Article 55 of Regulation (EU) 2019/943 and Article 41 of Regulation (EU) 2024/1789.
3. ACER may provide an opinion:
(a)
to the ENTSO for Electricity in accordance with Article 30(1), point (a), of Regulation (EU) 2019/943, to the ENTSO for Gas in accordance with Article 26(2) of Regulation (EU) 2024/1789 and to the ENNOH in accordance with Article 59(1) of that Regulation on the network codes;
(b)
to the ENTSO for Electricity in accordance with Article 32(2) of Regulation (EU) 2019/943, to the ENTSO for Gas in accordance with the Article 26(2) of Regulation (EU) 2024/1789 and to the ENNOH in accordance with Article 60(2) of Regulation (EU) 2024/1789 on the draft Union-wide network development plan and on other relevant documents referred to in Article 30(1) of Regulation (EU) 2019/943 and Article 26(3) and Article 59(1) of Regulation (EU) 2024/1789, taking into account the objectives of non-discrimination, effective competition and the proper and secure functioning of the internal markets for electricity, hydrogen and natural gas;
(c)
to the EU DSO entity on the draft annual work programme and other relevant documents referred to in Article 55(2) of Regulation (EU) 2019/943 and Article 41(3) of Regulation (EU) 2024/1789, taking into account the objectives of non-discrimination, effective competition and the proper and secure functioning of the internal market for electricity, hydrogen and natural gas.
( *3 ) Regulation (EU) 2024/1789 of the European Parliament and of the Council of 13 June 2024 on the internal markets for renewable gas, natural gas and hydrogen, amending Regulations (EU) No 1227/2011, (EU) 2017/1938, (EU) 2019/942 and (EU) 2022/869 and Decision (EU) 2017/684 and repealing Regulation (EC) No 715/2009 ( OJ L, 2024/1789, 15.7.2024, ELI: http://data.europa.eu/eli/reg/2024/1789/oj ).’;"
(b)
paragraphs 6, 7 and 8 are replaced by the following:
‘6. The relevant regulatory authorities shall coordinate in order to jointly identify whether there is non-compliance of the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO entity or regional coordination centres with their obligations under Union law, and shall take appropriate action in accordance with Article 59(1), point (c), and Article 62(1), point (f), of Directive (EU) 2019/944 or with Article 78(1), point (e), of Directive (EU) 2024/1788 of the European Parliament and of the Council ( ** ) .
At the request of one or more regulatory authorities or at its own initiative, ACER shall issue a reasoned opinion as well as a recommendation to the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO entity or the regional coordination centres with regard to compliance with their obligations.
7. Where a reasoned opinion of ACER identifies a case of potential non-compliance of the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO entity or a regional coordination centre with their respective obligations, the regulatory authorities concerned shall unanimously take coordinated decisions establishing whether there is non-compliance with the relevant obligations and, where applicable, determining the measures to be taken by the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO entity or the regional coordination centre to remedy that non-compliance. Where the regulatory authorities fail to take such coordinated decisions unanimously within four months of the date of receipt of ACER’s reasoned opinion, the matter shall be referred to ACER for a decision pursuant to Article 6(10).
8. Where the non-compliance by the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO entity or a regional coordination centre that was identified pursuant to paragraph 6 or 7 of this Article has not been remedied within three months, or where the regulatory authority in the Member State in which the entity has its seat has not taken action to ensure compliance, ACER shall issue a recommendation to the regulatory authority to take action in accordance with Article 59(1), point (c), and Article 62(1), point (f), of Directive (EU) 2019/944 or with Article 78(1), point (f), of Directive (EU) 2024/1788, in order to ensure that the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO entity or the regional coordination centre comply with their obligations, and shall inform the Commission.
( ** ) Directive (EU) 2024/1788 of the European Parliament and of the Council of 13 June 2024 on common rules for the internal markets in renewable gas, natural gas and hydrogen, amending Directive (EU) 2023/1791 and repealing Directive 2009/73/EC ( OJ L, 2024/1788, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1788/oj ).’;"
(4)
Article 5(1) is replaced by the following:
‘1. ACER shall participate in the development of network codes in accordance with Article 59 of Regulation (EU) 2019/943 and Articles 71 and 72 of Regulation (EU) 2024/1789 and of guidelines in accordance with Article 61(6) of Regulation (EU) 2019/943 and Article 74(5) of Regulation (EU) 2024/1789. It shall in particular:
(a)
submit non-binding framework guidelines to the Commission where it is requested to do so under Article 59(4) of Regulation (EU) 2019/943 or Article 71(4) or Article 72(4) of Regulation (EU) 2024/1789. ACER shall review the framework guidelines and re-submit them to the Commission where requested to do so under Article 59(7) of Regulation (EU) 2019/943 or Article 71(7) or Article 72(7) of Regulation (EU) 2024/1789;
(b)
revise the network code in accordance with Article 59(11) of Regulation (EU) 2019/943 or Article 71(11) or Article 72(11) of Regulation (EU) 2024/1789. In its revision, ACER shall take account of the views provided by the parties involved during the drafting of that revised network code led by the ENTSO for Electricity, the ENTSO for Gas, the ENNOH or the EU DSO entity, and shall consult the relevant stakeholders on the version to be submitted to the Commission. To that end, ACER may use the drafting committee established under the network codes where appropriate. ACER shall report to the Commission on the outcome of the consultations. Subsequently, ACER shall submit the revised network code to the Commission in accordance with Article 59(11) of Regulation (EU) 2019/943 or Article 71(11) or Article 72(11) of Regulation (EU) 2024/1789. Where the ENTSO for Electricity, the ENTSO for Gas, the ENNOH or the EU DSO entity have failed to develop a network code, ACER shall prepare and submit a draft network code to the Commission where it is requested to do so under Article 59(12) of Regulation (EU) 2019/943 or Article 71(12) or Article 72(12) of Regulation (EU) 2024/1789;
(c)
provide a duly reasoned opinion to the Commission, in accordance with Article 32(1) of Regulation (EU) 2019/943 or Article 27(1) or Article 64(2) of Regulation (EU) 2024/1789, where the ENTSO for Electricity, the ENTSO for Gas, the ENNOH or the EU DSO entity has failed to implement a network code elaborated under Article 30(1), point (a), of Regulation (EU) 2019/943 or Article 26(1) or Article 59(1), point (a), of Regulation (EU) 2024/1789 or a network code which has been established in accordance with Article 59(3) to (12) of Regulation (EU) 2019/943 or Article 71(3) to (12) or Article 72(3) to (12) of Regulation (EU) 2024/1789 but which has not been adopted by the Commission under Article 59(13) of Regulation (EU) 2019/943 or under Article 71(13) or Article 72(13) of Regulation (EU) 2024/1789;
(d)
monitor and analyse the implementation of the network codes adopted by the Commission in accordance with Article 59 of Regulation (EU) 2019/943 and Articles 71 and 72 of Regulation (EU) 2024/1789 and the guidelines adopted in accordance with Article 61 of Regulation (EU) 2019/943 and Article 74 of Regulation (EU) 2024/1789, and their effect on the harmonisation of applicable rules aimed at facilitating market integration as well as on non-discrimination, effective competition and the proper functioning of the market, and report to the Commission.’
;
(5)
Article 6 is amended as follows:
(a)
paragraph 3 is replaced by the following:
‘3. By 5 July 2022, and every four years thereafter the Commission shall submit a report to the European Parliament and the Council on the independence of regulatory authorities pursuant to Article 57(7) of Directive (EU) 2019/944 and Article 76(6) of Directive (EU) 2024/1788.’
;
(b)
paragraph 5 is replaced by the following:
‘5. ACER shall provide a factual opinion at the request of one or more regulatory authorities or of the Commission, on whether a decision taken by a regulatory authority complies with the network codes and guidelines referred to in Regulation (EU) 2019/943, Regulation (EU) 2024/1789, Directive (EU) 2019/944 or Directive (EU) 2024/1788, with other relevant provisions of those regulations or directives, or with Article 13 of Regulation (EU) 2017/1938.’
;
(c)
the following paragraphs are inserted:
‘9a. ACER shall issue recommendations to transmission system operators, distribution system operators, hydrogen network operators and regulatory authorities, with regard to the methodologies for setting the inter-temporal cost allocation pursuant to Article 5(6), first subparagraph, of Regulation (EU) 2024/1789.
ACER may issue recommendations to transmission system operators, distribution system operators, hydrogen network operators and regulatory authorities, with regard to the regulatory asset bases pursuant to Article 5(6), third subparagraph, of Regulation (EU) 2024/1789.
9b. ACER may issue recommendations to regulatory authorities on the allocation of costs of solutions for restrictions to cross-border flows due to differences in gas quality pursuant to Article 21(11) of Regulation (EU) 2024/1789.
9c. ACER may issue recommendations to regulatory authorities on the allocation of costs of solutions for restrictions to cross-border flows due to differences in hydrogen quality pursuant to Article 55(8) of Regulation (EU) 2024/1789.
9d. ACER shall publish monitoring reports on congestion at interconnection points pursuant to point 2.2.1(2) of Annex I to Regulation (EU) 2024/1789.’
;
(d)
paragraph 10 is amended as follows:
(i)
the first subparagraph is replaced by the following:
‘ACER shall be competent to adopt individual decisions on regulatory issues having effects on cross-border trade or cross-border system security which require a joint decision by at least two regulatory authorities, where such competences have been conferred on the regulatory authorities under one of the following legal acts:
(a)
a legislative act of the Union adopted under the ordinary legislative procedure;
(b)
network codes and guidelines referred to in Articles 59 to 61 of Regulation (EU) 2019/943 adopted before 4 July 2019 and subsequent revisions of those network codes and guidelines;
(c)
network codes and guidelines referred to in Articles 59 to 61 of Regulation (EU) 2019/943 adopted as implementing acts pursuant to Article 5 of Regulation (EU) No 182/2011;
(d)
guidelines pursuant to Annex I to Regulation (EU) 2024/1789; or
(e)
network codes and guidelines referred to in Articles 71 to 74 of Regulation (EU) 2024/1789.’
;
(ii)
in the second subparagraph, point (a) is replaced by the following:
‘(a)
where the competent regulatory authorities have not been able to reach an agreement within six months of referral of the case to the last of those regulatory authorities, or within four months with regard to cases under Article 4(7) of this Regulation or under Article 59(1), point (c), or Article 62(1), point (f), of Directive (EU) 2019/944 or Article 78(1), point (f), of Directive (EU) 2024/1788;’
;
(iii)
the third and fourth subparagraphs are replaced by the following:
‘The competent regulatory authorities may jointly request that the period referred to in point (a) of the second subparagraph of this paragraph be extended by a period of up to six months, except with regard to cases under Article 4(7) of this Regulation or under Article 59(1), point (c), or Article 62(1), point (f), of Directive (EU) 2019/944 or Article 78(1), point (f), of Directive (EU) 2024/1788.
Where the competences to decide on cross-border issues referred to in the first subparagraph of this paragraph have been conferred on the regulatory authorities in new network codes or guidelines referred to in Articles 59 to 61 of Regulation (EU) 2019/943 adopted as delegated acts after 4 July 2019, ACER shall only be competent on a voluntary basis pursuant to point (b) of the second subparagraph of this paragraph, upon a request from at least 60 % of the competent regulatory authorities. Where only two regulatory authorities are involved, either one may refer the case to ACER.’
;
(e)
in paragraph 12, point (a) is replaced by the following:
‘(a)
shall issue a decision within six months of the date of referral, or within four months thereof with regard to cases pursuant to Article 4(7) of this Regulation or Article (59)(1), point (c), or Article 62(1), point (f), of Directive (EU) 2019/944 or Article 78(1), point (f), of Directive (EU) 2024/1788; and’
;
(6)
Article 14(1) is replaced by the following:
‘1. In carrying out its tasks, in particular in the process of developing framework guidelines in accordance with Article 59 of Regulation (EU) 2019/943 or Articles 71 and 72 of Regulation (EU) 2024/1789, and in the process of proposing amendments of network codes under Article 60 of Regulation (EU) 2019/943 or Article 73 of Regulation (EU) 2024/1789. ACER shall, extensively consult at an early stage market participants, transmission system operators, hydrogen transmission network operators, consumers, end-users and, where relevant, competition authorities, without prejudice to their respective competence, in an open and transparent manner, in particular when its tasks concern transmission system operators and hydrogen transmission network operators.’
;
(7)
Article 15 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘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 levels and the formation of retail and wholesale prices, in order to facilitate that relevant authorities can identify possible anti-competitive, unfair or untransparent behaviour by market operators, and with regard to compliance with the consumer rights laid down in Directive (EU) 2019/944 and Directive (EU) 2024/1788, 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 entrants on the market and smaller market participants, 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 on the basis of 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.
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 hydrogen markets, in particular the impact of market developments on hydrogen customers, access to the hydrogen network, including access to the network of hydrogen produced from renewable energy sources, the progress made with regard to interconnectors and potential barriers to cross-border trade.’
;
(b)
paragraph 2 is replaced by the following:
‘2. ACER shall publish annually a report on the results of the monitoring referred to in paragraph 1. In that report, it shall identify any barriers to the completion of the internal markets for electricity, natural gas and hydrogen.’
;
(c)
the following paragraphs are added:
‘6. ACER shall publish studies comparing the efficiency of Union transmission system operators’ costs pursuant to Article 19(2) of Regulation (EU) 2024/1789.
7. ACER shall submit opinions providing a harmonised format for the publication of technical information on access to hydrogen transmission networks and publish a monitoring report on congestion at interconnection points pursuant to the guidelines laid down in Annex I to Regulation (EU) 2024/1789.’.
Amendments to Regulation (EU) 2022/869
Regulation (EU) 2022/869 is amended as follows:
(1)
Articles 11, 12 and 13 are replaced by the following:
‘Article 11
Energy system wide cost-benefit analysis
1. The ENTSO for Electricity and the European Network of Network Operators for Hydrogen (ENNOH) referred to in Article 57 of Regulation (EU) 2024/1789 of the European Parliament and of the Council ( *4 ) shall draft consistent single sector draft methodologies, including the energy network and market model referred to in paragraph 10 of this Article, for a harmonised energy system-wide cost-benefit analysis at Union level for projects on the Union list falling under the energy infrastructure categories set out in point (1)(a), (b), (d) and (f) and point (3) of Annex II to this Regulation.
The methodologies referred to in the first subparagraph of this paragraph shall be drawn up in line with the principles laid down in Annex V, shall be based on common assumptions allowing for project comparison, and shall be consistent with the Union’s 2030 targets for energy and climate and its 2050 climate neutrality objective, as well as with the rules and indicators set out in Annex IV.
The methodologies referred to in the first subparagraph of this paragraph shall be applied for the preparation of each subsequent Union-wide ten-year network development plans developed by the ENTSO for Electricity pursuant to Article 30 of Regulation (EU) 2019/943 or the ENNOH pursuant to Article 60 of Regulation (EU) 2024/1789.
By 24 April 2023, the ENTSO for Electricity shall publish and submit to Member States, the Commission and the Agency its consistent single sector draft methodology after gathering input from the relevant stakeholders during the consultation process referred to in paragraph 2 of this Article. Any methodology for an energy system-wide hydrogen cost-benefit analysis developed by the ENTSO for Gas by 1 September 2024 shall be approved in accordance with process laid down in this Article. By 1 December 2025, the ENNOH shall publish and submit to Member States, the Commission and the Agency its consistent single sector draft methodology after gathering input from the relevant stakeholders during the consultation procedure pursuant to Article 61(3), point (d), of Regulation (EU) 2024/1789.
2. Prior to submitting their respective draft methodologies to the Member States, the Commission and the Agency in accordance with paragraph 1, the ENTSO for Electricity and the ENNOH shall publish preliminary draft methodologies and conduct an extensive consultation process and seek recommendations from Member States and, at least, the organisations representing all relevant stakeholders, including the European entity for distribution system operators established pursuant to Article 52(1) of Regulation (EU) 2019/943 (the “EU DSO entity”), associations involved in electricity, natural gas and hydrogen markets, heating and cooling, carbon capture and storage and carbon capture and utilisation stakeholders, independent aggregators, demand-response operators, organisations involved in energy efficiency solutions, energy consumer associations, civil society representatives and, where it is considered to be appropriate, the national regulatory authorities and other national authorities.
Within three months of publication of the preliminary draft methodologies under the first subparagraph, any stakeholder referred to in that subparagraph may submit a recommendation.
The European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 of the European Parliament and of the Council ( *5 ) may, on its own initiative, submit an opinion to the draft methodologies.
Where applicable, Member States, and stakeholders referred to in the first subparagraph shall submit and make publicly available their recommendations and the European Scientific Advisory Board on Climate Change shall submit and make publicly available its opinion to the Agency and, as applicable, to the ENTSO for Electricity or the ENNOH.
The consultation process shall be open, timely and transparent. The ENTSO for Electricity and the ENNOH shall prepare and make public a report on the consultation process.
The ENTSO for Electricity and the ENNOH shall provide reasons where they have not, or have only partly, taken into account the recommendations from Member States or the stakeholders, as well as from national authorities, or the opinion of the European Scientific Advisory Board on Climate Change.
3. Within three months of receipt of the draft methodologies together with the input received in the consultation process and the report on the consultation, the Agency shall provide an opinion to the ENTSO for Electricity and the ENNOH. The Agency shall notify its opinion to the ENTSO for Electricity, the ENNOH, the Member States, and the Commission and publish it on its website.
4. Within three months of receipt of the draft methodologies, Member States may deliver their opinions to the ENTSO for Electricity and the ENNOH and the Commission. To facilitate the consultation, the Commission may organise specific meetings of the Groups to discuss the draft methodologies.
5. Within three months of receipt of the opinions of the Agency and Member States, as referred to in paragraphs 3 and 4, the ENTSO for Electricity and the ENNOH shall amend their respective methodologies to fully take into account the opinions of the Agency and the Member States and submit them together with the opinion of the Agency to the Commission for its approval. The Commission shall issue its decision within three months of submission of the methodologies by the ENTSO for Electricity, the ENTSO for Gas and the ENNOH, respectively.
6. Within two weeks of the approval by the Commission in accordance with paragraph 5, the ENTSO for Electricity and the ENNOH 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 subject to restrictions under national law and relevant confidentiality agreements. The Commission and the Agency shall ensure the confidential treatment of the data received by them and by any party that carries out analytical work on the basis of those data on their behalf.
7. The methodologies shall be updated and improved regularly following the procedure described in paragraphs 1 to 6. In particular, they shall be amended after submission of the energy network and market model referred to in paragraph 10. 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 referred to in paragraph 2, first subparagraph, and the Commission, may request such updates and improvements, providing reasons and a timetable. 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.
8. For projects falling under the energy infrastructure categories set out in point (1)(c) and (e) and in points (2), (4) and (5) of Annex II, the Commission shall ensure the development of methodologies for a harmonised energy system-wide cost-benefit analysis at Union level. Those methodologies shall be compatible in terms of benefits and costs with the methodologies developed by the ENTSO for Electricity and the ENNOH. The Agency, with the support of national regulatory authorities, shall promote the consistency of those methodologies with the methodologies elaborated by ENTSO for Electricity and the ENNOH. The methodologies shall be developed in a transparent manner, including extensive consultation of Member States and of all relevant stakeholders.
9. Every three years, the Agency shall establish and publish a set of indicators and corresponding reference values for the comparison of unit investment costs for comparable projects of the energy infrastructure categories included in Annex II. Project promoters shall provide the requested data to the national regulatory authorities and to the Agency.
The Agency shall publish the first indicators for the infrastructure categories set out in points (1), (2) and (3) of Annex II, by 24 April 2023, to the extent that data is available to calculate robust indicators and reference values. Those reference values may be used by the ENTSO for Electricity and the ENNOH for the cost-benefit analyses carried out for subsequent Union-wide ten-year network development plans.
The Agency shall publish the first indicators for the energy infrastructure categories set out in points (4) and (5) of Annex II, by 24 April 2025.
10. By 31 October 2025, following an extensive consultation process of stakeholders referred to in paragraph 2, first subparagraph, the ENTSO for Electricity, ENTSO for Gas, and the ENNOH shall jointly submit to the Commission and the Agency a consistent and progressively integrated model that will provide consistency between single sector methodologies on the basis of common assumptions including electricity, natural gas and hydrogen transmission infrastructure as well as natural gas storage facilities, liquefied natural gas and electrolysers, covering the energy infrastructure priority corridors and areas set out in Annex I drawn up in line with the principles laid down in Annex V.
11. The model referred to in paragraph 10 shall cover at least the relevant sectors’ interlinkages at all stages of infrastructure planning, specifically scenarios, technologies and spatial resolution, infrastructure gaps identification in particular with respect to cross-border capacities, and projects assessment.
12. After approval of the model referred to in paragraph 10 by the Commission in accordance with the procedure set out in paragraphs 1 to 5, it shall be included in the methodologies referred to in paragraph 1, that shall be amended accordingly.
13. At least every five years, starting from its approval in accordance with paragraph 10, and more frequently where necessary, the model and the consistent single sector cost-benefit methodologies shall be updated in accordance with the procedure referred to in paragraph 7.
14. Until 1 January 2027, this Article applies subject to the transitional provisions set out in Article 61 of Regulation (EU) 2024/1789.
Article 12
Scenarios for the ten-year network development plans
1. By 24 January 2023, the Agency, after conducting an extensive consultation process involving the Commission, the Member States, the ENTSO for Electricity, the ENTSO for Gas, the EU DSO entity and at least the organisations representing associations involved in electricity, natural gas and hydrogen markets, heating and cooling, carbon capture and storage and carbon capture and utilisation stakeholders, independent aggregators, demand-response operators, organisations involved in energy efficiency solutions, energy consumer associations and civil society representatives, shall publish the framework guidelines for the joint scenarios to be developed by the ENTSO for Electricity, the ENTSO for Gas and the ENNOH. Those framework guidelines shall be regularly updated as found necessary. The consultation process for any update of the framework guidelines shall also involve the ENNOH.
The framework guidelines referred to in the first subparagraph shall establish criteria for a transparent, non-discriminatory and robust development of scenarios taking into account best practices in the field of infrastructures assessment and network development planning. The framework guidelines shall also aim to ensure that the underlying ENTSO for Electricity, ENTSO for Gas and ENNOH scenarios are fully in line with the energy efficiency first principle and with the Union’s 2030 targets for energy and climate and its 2050 climate neutrality objective and shall take into account the latest available Commission scenarios, as well as, when relevant, the national energy and climate plans.
The European Scientific Advisory Board on Climate Change may, on its own initiative, provide input on how to ensure compliance of scenarios with the Union’s 2030 targets for energy and climate and its 2050 climate neutrality objective. The Agency shall take duly into account that input in the framework guidelines referred to in the first subparagraph.
The Agency shall provide reasons where it has not, or has only partly, taken into account the recommendations from Member States, stakeholders and the European Scientific Advisory Board on Climate Change.
2. The ENTSO for Electricity, the ENTSO for Gas and the ENNOH 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.
3. The ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall invite the organisations representing all relevant stakeholders, including the EU DSO entity, associations involved in electricity, natural gas and hydrogen markets, heating and cooling, carbon capture and storage and carbon capture and utilisation stakeholders, independent aggregators, demand-response operators, organisations involved in energy efficiency solutions, energy consumer associations, civil society representatives, to participate in the scenarios development process, in particular on key elements such as assumptions and how they are reflected in the scenarios data.
4. The ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall publish and submit the draft joint scenarios report to the Agency, the Member States and the Commission for their opinion.
The European Scientific Advisory Board on Climate Change may, on its own initiative, provide an opinion on the joint scenarios report.
5. Within three months of 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, first subparagraph, including possible recommendations for amendments, to the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, Member States and the Commission.
Within the same time limit, the European Scientific Advisory Board on Climate Change may, on its own initiative, provide an opinion on the compatibility of scenarios with the Union’s 2030 targets for energy and climate and its 2050 climate neutrality objective.
6. Within three months of receipt of the opinion referred to in paragraph 5, the Commission, taking into account the opinions of the Agency and Member States, shall approve the draft joint scenarios report or request the ENTSO for Electricity, the ENTSO for Gas and the ENNOH to amend it.
The ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall provide reasons explaining how any request for amendments from the Commission has been addressed.
In the event the Commission does not approve the joint scenarios report, it shall provide a reasoned opinion to the ENTSO for Electricity, the ENTSO for Gas and the ENNOH.
7. Within two weeks of the approval of the joint scenarios report in accordance with paragraph 6, the ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall publish it on their websites. They shall also publish the corresponding input and output data in a sufficiently clear and accurate form for a third party to reproduce the results, taking due account of the national law and relevant confidentiality agreements and sensitive information.
8. Until 1 January 2027, this Article applies subject to the transitional provisions set out in Article 61 of Regulation (EU) 2024/1789.
Article 13
Infrastructure gaps identification
1. Within six months of approval of the joint scenarios report pursuant to Article 12(6) and every two years thereafter, the ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall publish the infrastructure gaps reports developed within the framework of the Union-wide ten-year network development plans.
When assessing the infrastructure gaps the ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall base their analysis on the scenarios established under Article 12, implement the energy efficiency first principle and consider with priority all relevant alternatives to new infrastructure. When considering new infrastructures solutions, the infrastructures gaps assessment shall take into account all relevant costs, including network reinforcements.
The infrastructures gaps assessment shall, in particular, focus on those infrastructure gaps potentially affecting the fulfilment of the Union’s 2030 climate and energy targets and its 2050 climate neutrality objective.
Prior to publishing their respective reports, the ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall conduct an extensive consultation process involving all relevant stakeholders, including the EU DSO entity, associations involved in electricity, natural gas and hydrogen markets, heating and cooling, carbon capture and storage and carbon capture and utilisation stakeholders, independent aggregators, demand-response operators, organisations involved in energy efficiency solutions and, energy consumer associations, civil society representatives, the Agency and all the Member States’ representatives that are part of the relevant energy infrastructure priority corridors that are set out in Annex I.
2. The ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall submit their respective draft infrastructure gaps report to the Agency and the Commission and Member States for their opinion.
3. Within three months of 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, the ENTSO for Gas or the ENNOH, the Commission and Member States and make it publicly available.
4. Within three months of receipt of the Agency’s opinion referred to in paragraph 3, the Commission shall, taking the Agency’s opinion into account and with input from the Member States, draft its opinion and submit it to the ENTSO for Electricity, the ENTSO for Gas or the ENNOH.
5. The ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall adapt their infrastructure gaps reports taking due account of the Agency’s opinion and in line with the Commission’s and the Member States’ opinions and make them publicly available.
6. Until 1 January 2027, this Article applies subject to the transitional provisions set out in Article 61 of Regulation (EU) 2024/1789.
( *4 ) Regulation (EU) 2024/1789 of the European Parliament and of the Council of 13 June 2024 on the internal markets for renewable gas, natural gas and hydrogen, amending Regulations (EU) No 1227/2011, (EU) 2017/1938, (EU) 2019/942 and (EU) 2022/869 and Decision (EU) 2017/684 and repealing Regulation (EC) No 715/2009 ( OJ L, 2024/1789, 15.7.2024, ELI: http://data.europa.eu/eli/reg/2024/1789/oj )."
( *5 ) Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network ( OJ L 126, 21.5.2009, p. 13 ).’;"
(2)
in Article 31, the following paragraph is added:
‘5. In the Annexes to this Regulation, any reference to “ENTSO for Gas” shall be understood to mean “the ENTSO for Gas and the ENNOH” for the purpose of the transitional provisions pursuant to Article 61 of Regulation (EU) 2024/1789. From 1 January 2027, any reference to “ENTSO for Gas” shall be understood to mean “the ENNOH”.’.
Amendment to Decision (EU) 2017/684
The notification obligations for intergovernmental agreements in the field of energy relating to natural gas as laid down in Decision (EU) 2017/684 shall be construed as including intergovernmental agreements relating to hydrogen, including hydrogen compounds such as ammonia and liquid organic hydrogen carriers.
Repeal
Regulation (EC) No 715/2009 is repealed. References made to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III to this Regulation.
Entry into force
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 5 February 2025.
2. By way of derogation from paragraph 1 of this Article:
(a)
Article 11(3), point (b), Article 34(6) and Article 84 shall apply from 1 January 2025;
(b)
Section 5 shall apply from 1 January 2025, except Articles 42, 43, 44, 52, 53 and 54, which shall apply from 4 August 2024.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
