### (5) the initiative aims to reinforce the competitiveness and resilience of the semiconductor technological and industrial base , whilst strengthening the innovation capacity of its semiconductor ecosystem , reducing dependence on a limited number of third country companies and geographies , and strengthening its capacity to design and produce advanced components. these aims should be supported by bridging the gap between the union’s advanced research and innovation capabilities and their industrial exploitation. it should promote capacity building to enable design , production and systems integration in next-generation semiconductor technologies , enhance collaboration among key players across the union , strengthening europe’s semiconductor supply and value chains , serving key industrial sectors , and creating new markets. ### (5) the initiative aims to reinforce the competitiveness and resilience , which is best achieved by investing in r&d&i as well as diversification , of the semiconductor technological and industrial base , whilst strengthening the innovation capacity of its semiconductor ecosystem , reducing dependence on a limited number of third country companies and geographies , and strengthening its capacity to design and produce advanced components. these aims should be supported by bridging the gap between the union’s advanced research and innovation capabilities and their industrial exploitation. it should promote capacity building to enable design , production and systems integration in next-generation semiconductor technologies , enhance collaboration among key players across the union , strengthening europe’s semiconductor supply and value chains , serving key industrial sectors , and creating new markets. the commission should monitor the delivered value and progress of the aims of the initiative in accordance with measurable indicators;


### (6) the initiative should be implemented through actions that should build upon the strong knowledge base acquired by the key digital technologies joint undertaking. the key digital technologies joint undertaking should be tasked with providing financial support , through any instrument or procedure provided for in horizon europe or the digital europe programme , to actions funded under the initiative. furthermore , the key digital technologies joint undertaking should be renamed to chips joint undertaking. throughout the lifetime of the chips joint undertaking , at least eur 2.5 billion should be dedicated to pilot lines , design infrastructures , competence centres , and other capacity building activities. ### (6) the initiative should be implemented through actions that should build upon the strong knowledge base acquired by the key digital technologies joint undertaking. the key digital technologies joint undertaking should be tasked with providing financial support , through any instrument or procedure provided for in horizon europe or the digital europe programme , to actions funded under the initiative. furthermore , the key digital technologies joint undertaking should be renamed to chips joint undertaking. throughout the lifetime of the chips joint undertaking , at least eur 2.5 billion should be dedicated to pilot lines , design infrastructures , competence centres , and other capacity building and r&d&i activities.


### (4) this regulation aims to facilitate the penetration of renewable and low-carbon gases into the energy system enabling a shift from fossil gas , and to allow these new gases to play an important role towards achieving the eu’s 2030 climate objectives and climate neutrality in 2050. the regulation aims also to set up a regulatory framework that enables and incentivises all market participants to take the transitional role of fossil gas into account while planning their activities to avoid lock-in effects and ensure gradual and timely phase-out of fossil gas notably in all relevant industrial sectors and for heating purposes. ### (4) this regulation aims to facilitate the penetration of renewable and low-carbon gases into the energy system enabling a shift from fossil gas , and to allow these new gases to play an important role towards achieving the eu’s 2030 climate objectives and climate neutrality in 2050. member states shall ensure that at the early stages of the hydrogen market , the supply of hydrogen is prioritised to sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.the regulation aims also to set up a regulatory framework that enables and incentivises all market participants to take the transitional role of fossil gas into account while planning their activities to avoid lock-in effects and ensure gradual and timely phase-out of fossil gas notably in all relevant industrial sectors and for heating purposes.


### (5) the eu hydrogen strategy recognises that , as eu member states have different potential for the production of renewable hydrogen , an open and competitive eu market with unhindered cross-border trade has important benefits for competition , affordability , and security of supply. moreover , it stresses that moving towards a liquid market with commodity-based hydrogen trading would facilitate entry of new producers and be beneficial for deeper integration with other energy carriers. it would create viable price signals for investments and operational decisions. the rules laid down in this regulation should thus be conducive for hydrogen markets and commodity-based hydrogen trading and liquid trading hubs to emerge and any undue barriers in this regard should be eliminated by member states. whilst recognising the inherent differences , existing rules that enabled efficient commercial operations developed for the electricity and gas markets and trading should be considered for a hydrogen market. ### (5) the eu hydrogen strategy recognises that , as eu member states have different potential for the production of renewable hydrogen , an open and competitive eu market with unhindered cross-border trade has important benefits for competition , affordability , and security of supply. moreover , it stresses that moving towards a liquid market with commodity-based hydrogen trading would facilitate entry of new producers and be beneficial for deeper integration with other energy carriers. it would create viable price signals for investments and operational decisions. the rules laid down in this regulation should thus be conducive for hydrogen markets and commodity-based hydrogen trading and liquid trading hubs to emerge and any undue barriers in this regard should be eliminated by member states. whilst recognising the inherent differences , existing rules that enabled efficient commercial operations developed for the electricity and gas markets and trading should be considered for a hydrogen market. member states shall ensure that at the early stages of the hydrogen market , the supply of hydrogen is prioritised to sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.


### (37) transparency on transmission system operators allowed or target revenue should be increased to enable benchmarking and an assessment by network users. increased transparency should also facilitate cross-border cooperation and the setting up of itc mechanisms between operators either for regional integration or for the implementation of tariff discounts for renewable and low carbon gases as set out in this regulation. ### deleted


### (48) until the ennoh is established , a temporary platform should be set up under the lead of the commission with the involvement of acer and all relevant market participants , including the entso for gas , the entso for electricity and the eu dso entity. this platform should support early work on scoping and developing issues relevant for the building up of the hydrogen network and markets without formal decision-making powers. the platform should be dissolved once ennoh is established. until the ennoh is established , the entso for gas will be responsible for the development of union-wide network development plans , including hydrogen networks. ### (48) until the ennoh is established , a temporary platform should be set up under the lead of the commission with the involvement of acer and all relevant market participants , including final customers , the entso for gas , the entso for electricity and the eu dso entity. this platform should support early work on scoping and developing issues relevant for the building up of the hydrogen network and markets without formal decision-making powers. the platform should be dissolved once ennoh is established. until the ennoh is established , the entso for gas will be responsible for the development of union-wide network development plans , including hydrogen networks.


### market rules shall avoid actions which prevent price formation on the basis of demand and supply for gases; ### market rules shall avoid actions which prevent price formation on the basis of demand and supply for gases but shall not prevent long term agreements for the purchase and the transmission of renewable and low carbon gases;


### market rules shall enable the decarbonisation of the natural gas and hydrogen systems , including by enabling the integration into the market of gases of gas from renewable energy sources and by providing incentives for energy efficiency; ### market rules shall enable the decarbonisation of the natural gas and hydrogen systems and industrial sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen. including by enabling the integration into the market of gases of gas from renewable energy sources and by providing incentives for energy efficiency;


### market rules shall deliver appropriate investment incentives , in particular for long-term investments in a decarbonised and sustainable gas system , for energy storage , energy efficiency and demand response to meet market needs , and shall facilitate fair competition and security of supply; ### market rules shall enable the decarbonisation of the natural gas and hydrogen systems and industrial sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen , including by enabling the integration into the market of gases of gas from renewable energy sources and by providing incentives for energy efficiency;


### 2. a member state may allow financial transfers between regulated services that are separate as meant in in the first paragraph , provided that: ### 2. notwithstanding paragraph 1 , a member state may allow financial transfers between regulated services that are separate as meant in in the first paragraph , provided that:


### the dedicated charge is collected only from exit points to final customers located within the same member states as the beneficiary of the financial transfer; ### deleted


### the dedicated charge is collected only from exit points to final customers located within the same member states as the beneficiary of the financial transfer; ### the dedicated charge is collected from exit points to final customers located within the same member states as the beneficiary of the financial transfer. additionally , for cross-system network use financing , the dedicated charge may also be collected from other points , like interconnection points , and provided that the regulatory authorities of the member states where the interconnection points are located reach an agreement. where the concerned regulatory authorities cannot reach an agreement within six months , acer shall take a decision , following the process pursuant to article 6(10) in regulation (eu) 2019/942;


### a financial transfer is approved for a limited period in time and can never be longer than one third of the depreciation period of the infrastructure concerned]. ### a financial transfer is approved for a limited period in time


### a financial transfer is approved for a limited period in time and can never be longer than one third of the depreciation period of the infrastructure concerned]. ### a financial transfer is approved for a limited period in time and can never be longer than the depreciation period of the infrastructure concerned].


### the calculation of the size and maximum duration of the financial transfer and dedicated charge; ### the calculation of the size of the financial transfer and dedicated charge;


### the criteria to allocate contributions to the dedicated charge among final consumers connected the regulated asset base. ### the criteria to allocate contributions to the dedicated charge.


### 5. hydrogen network operators shall regularly assess market demand for new investment , taking into account security of supply and the efficiency of the final hydrogen uses. ### 5. hydrogen network operators shall regularly assess market demand for new investment , taking into account , security of supply , the efficiency of the final hydrogen uses and the infrastructure needs of priority sectors identified based on the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.


### 7. as of 1 january 2031 , article 15 shall apply also to tariffs for access to hydrogen networks. no tariffs shall be charged pursuant to article 15for access to hydrogen networks at interconnection points between member states. where a member state decides to apply regulated third party access to hydrogen networks in accordance with article 31 of [recast gas directive] before 1 january 2031 , paragraph 1 of article 15 shall be applicable to access tariff to hydrogen networks in that member state. ### 7. as of 1 january 2031 , article 15 shall apply also to tariffs for access to hydrogen networks. where a member state decides to apply regulated third party access to hydrogen networks in accordance with article 31 of [recast gas directive] before 1 january 2031 , paragraph 1 of article 15 shall be applicable to access tariff to hydrogen networks in that member state.


### lng and storage system operators shall , at least every two years , assess market demand for new investment allowing the use of renewable and low carbon gases in the facilities. when planning new investments , lng and storage system operators shall assess market demand and take into account security of supply. lng and storage system operators shall make publicly available any plans regarding new investments allowing the usage of renewable and low carbon gases in their facilities. ### lng and storage system operators shall be included in coordinated network planning procedures , as described in article 15(1) of the recast gas directive.


### lng and storage system operators shall , at least every two years , assess market demand for new investment allowing the use of renewable and low carbon gases in the facilities. when planning new investments , lng and storage system operators shall assess market demand and take into account security of supply. lng and storage system operators shall make publicly available any plans regarding new investments allowing the usage of renewable and low carbon gases in their facilities. ### lng and storage system operators shall , at least every two years , assess market demand for new investment allowing the use of renewable and low carbon gases in the facilities. when planning new investments , lng and storage system operators shall assess market demand and take into account security of supply , as well as market demand for liquid hydrogen and new related investments. lng and storage system operators shall make publicly available any plans regarding new investments allowing the usage of renewable and low carbon gases in their facilities.


### 4. transmission system operators shall regularly assess market demand for new investment taking into account the joint scenario as developed for the integrated network development plan based on article 51 of [recast gas directive as proposed in com(2021) xxx] as well as security of supply. ### 4. transmission system operators shall regularly assess market demand for new investment taking into account the joint scenario as developed for the integrated network development plan based on article 51 of [recast gas directive as proposed in com(2021) xxx] security of supply and hydrogen priority sectors identified based on highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.


### capacity-based transmission tariffs at entry points from and exit points to storage facilities , unless a storage facility is connected to more than one transmission or distribution network and used to compete with an interconnection point. such a discount shall be set at a level of 75% in the member states where the renewable and low carbon gas was first injected into system. ### deleted


### capacity-based transmission tariffs at entry points from and exit points to storage facilities , unless a storage facility is connected to more than one transmission or distribution network and used to compete with an interconnection point. such a discount shall be set at a level of 75% in the member states where the renewable and low carbon gas was first injected into system. ### capacity-based transmission tariffs at entry points from and exit points to hydrogen terminals and to storage facilities , unless a storage facility is connected to more than one transmission or distribution network and used to compete with an interconnection point. such a discount shall be set at a level of 75% in the member states where the renewable and low carbon gas was first injected into system.


### 2. regulatory authorities may set discount rates lower than those set in paragraph 1 of this article provided that the discount is in line with the general tariff principles as set out in article 15 and in particular the principle of cost-reflectiveness , taking into account a need for stable financial frameworks for existing investments where appropriate , and the advancement of the roll-out of renewable and low-carbon gases in the member state concerned. ### 2. regulatory authorities may set discount rates than those set in paragraph 1 of this article provided that the discount is in line with the general tariff principles as set out in article 15 and in particular the principle of cost-reflectiveness , taking into account a need for stable financial frameworks for existing investments where appropriate , and the advancement of the roll-out of renewable and low-carbon gases in the member state concerned.


### [...] ### deleted


### transmission system operators shall be required to provide the discount only for the shortest possible route in terms of border crossings between the location of where the specific proof of sustainability declaration , based on the sustainability certificate , was first recorded in the union database and where it has been cancelled as considered consumed. any potential auction premium shall not be covered by the discount. ### deleted


### transmission system operators shall provide information on actual and expected volumes of renewable and low carbon gases and the effect of applying the tariff discount on their revenues towards the respective regulatory authority. regulatory authorities shall monitor and assess the impact of the discount on tariff stability. ### deleted


### once the revenue of a transmission system operator from these specific tariffs is reduced by 10% as a result of applying the discount , the affected and all neighbouring transmission system operators are required to negotiate an inter transmission system operator compensation mechanism. the system operators concerned shall agree within 3 years. where within that time period no agreement is reached , the involved regulatory authorities shall decide jointly on an appropriate inter transmission system operator compensation mechanism within 2 years. in absence of agreement among the regulatory authorities , article 6 of acer regulation shall apply. where the regulatory authorities have not been able to reach agreement within 2 years , or upon their joint request , acer shall decide , in accordance with the second subparagraph of article 6(10) of regulation (eu) 2019/942. ### deleted


### further details required to implement the discount for renewable and low carbon gases , such as the calculation of the eligible capacity for which the discount applies and the required processes , shall be set in a network code established on the basis of article 53 of this regulation. ### deleted


### 2. the costs of the transmission system operator shall be subject to an efficiency comparison between union transmission system operators , be appropriately defined by acer. acer shall publish on [3 years after transposition] and every four years thereafter a study comparing the efficiency of union transmission system operators’ costs. the relevant regulatory authorities and the transmission system operators shall provide acer with all the data necessary for this comparison. the results of such comparison shall be taken into account by the relevant regulatory authorities , together with national circumstances , when periodically setting the allowed or target revenues of transmission system operators. ### deleted


### 4. where the concerned regulatory authorities recognise the restriction , they shall request the concerned transmission system operators to perform , within 12 months from the recognition , the following actions in sequence: ### 4. where the concerned regulatory authorities recognise the restriction , they shall request the concerned transmission system operators to perform the following actions in sequence:


### 4. where the concerned regulatory authorities recognise the restriction , they shall request the concerned transmission system operators to perform , within 12 months from the recognition , the following actions in sequence: ### 4. where the concerned regulatory authorities recognise the restriction , they shall request the concerned transmission system operators to perform , the following actions in sequence:


### cooperate and develop technically feasible options , without changing the gas quality specifications , which may include flow commitments and gas treatment , in order to remove the recognised restriction; ### cooperate and develop technically feasible options , without changing the gas quality specifications , which may include flow commitments and gas treatment , in order to remove the recognised restriction and taking into account information provided by other stakeholders who might be affected by this process;


### 7. the joint coordinated decision of the concerned regulatory authorities shall include a decision on the allocation of the investment costs to be borne by each transmission system operator for implementing the agreed solution , as well as their inclusion in tariffs , taking into account the economic , social and environmental costs and benefits of the solution in the concerned member states. ### 7. the joint coordinated decision of the concerned regulatory authorities shall include a decision on the allocation of the investment costs to be borne by each transmission system operator for implementing the agreed solution , as well as their inclusion in the allowed or target revenue of transmission system operators , taking into account the economic , social and environmental costs and benefits of the solution in the concerned member states and its consequence for tarrifs.


### all transmission system operators shall cooperate at union level through the european network of transmission system operators for gas (the entso for gas) , in order to promote the completion and functioning of the internal market in natural gas and cross-border trade and to ensure the optimal management , coordinated operation and sound technical evolution of the natural gas transmission network. ### all gas transmission system operators , and hydrogen transmission network operators shall cooperate at union level through the european network of transmission system operators for gas (the entso for gas) , in order to promote the completion and functioning of the internal market in natural gas and hydrogen and cross-border trade and to ensure the optimal management , coordinated operation and sound technical evolution of the natural gas transmission network and of the hydrogen network.


### 1. the entso for gas shall elaborate network codes in the areas referred to in paragraph 6 of this article upon a request addressed to it by the commission in accordance with article 53(9). ### 1. the entso for gas shall elaborate network codes in the areas referred to set out in paragraph 6 of this article 53 and 54 upon a request addressed to it by the commission in accordance with article 53(9) or article 54(9).


### 2. the entso for gas may elaborate network codes in the areas set out in paragraph 6 with a view to achieving the objectives set out in article 21 where those network codes do not relate to areas covered by a request addressed to it by the commission. those network codes shall be submitted to acer for an opinion. that opinion shall be duly taken into account by the entso for gas. ### 2. the entso for gas may elaborate network codes in the areas set out in paragraph 6 article 53 and 54 with a view to achieving the objectives set out in article 21 where those network codes do not relate to areas covered by a request addressed to it by the commission. those network codes shall be submitted to acer for an opinion. that opinion shall be duly taken into account by the entso for gas.


### a non-binding union -wide ten-year network development plan ( union -wide network development plan) , including a european supply adequacy outlook , every two years; ### a non-binding union-wide ten-year network development plan (union-wide network development plan) for gases , including a european supply adequacy outlook , every two years;


### recommendations relating to the coordination of technical cooperation between union and third-country transmission system operators; ### recommendations relating to the coordination of technical cooperation between union and third-country transmission system operators , and hydrogen transmission network operators;


### a gas quality monitoring report by 15 may 2024 at the latest and every two years afterwards , including developments of gas quality parameters , developments of the level and volume of hydrogen blended into the natural gas system , forecasts for the expected development of gas quality parameters and of the volume of hydrogen blended into the natural gas system , the impact of blending hydrogen on cross-border flows as well as information on cases related to differences in gas quality specifications or in specifications of blending levels and how such cases were settled. ### a gas quality monitoring report by 15 may 2024 and a gas and hydrogen quality monitoring report by 15 may 2026 at the latest and every two years afterwards , including developments of gas quality parameters , developments of the level and volume of hydrogen blended into the natural gas system , forecasts for the expected development of gas quality parameters and of the volume of hydrogen blended into the natural gas system , the impact of blending hydrogen on cross-border flows as well as information on cases related to differences in gas quality specifications or in specifications of blending levels and how such cases were settled.


### the gas quality monitoring report shall also cover the development for the areas listed in point (g) where as far as relevant for the distribution network , based on information provided by the entity of distribution system operators in the union (‘eu dso entity’). ### the gas and hydrogen quality monitoring report shall also cover the development for the areas listed in point (g) where as far as relevant for the distribution network , based on information provided by the entity of distribution system operators in the union (‘eu dso entity for gases’’).


### 4. the european supply adequacy outlook referred to in paragraph 3 , point (b) , shall cover the overall adequacy of the gas system to supply current and projected demands for gas for the next five-year period as well as for the period between five and 10 years from the date of that outlook. the european supply adequacy outlook shall build on national supply outlooks prepared by each individual transmission system operator. . ### 4. the european supply adequacy outlook referred to in paragraph 3 , point (b) , shall cover the overall adequacy of the gases systems to supply current and projected demands for gases for the next five-year period as well as for the period between five and 10 years from the date of that outlook. the european supply adequacy outlook shall build on national supply outlooks prepared by each individual gas transmission system operator , and hydrogen transmission network operator.


### 5. the annual work programme referred to in paragraph 3 , point (d) , shall contain a list and description of the network codes to be prepared , a plan on coordination of operation of the network , and research and development activities , to be realised in that year , and an indicative calendar. ### 5. the annual work programme referred to in paragraph 3 , point (da) , shall contain a list and description of the network codes to be prepared , a plan on coordination of operation of the network , and research and development activities , to be realised in that year , and an indicative calendar.


### capacity-allocation and congestion-management rules; ### capacity-allocation for existing and incremental capacity and congestion-management rules;


### 8. the entso for gas shall monitor and analyse the implementation of the network codes and the guidelines adopted by the commission in accordance with article 53(13) or 56 , and their effect on the harmonisation of applicable rules aimed at facilitating market integration. the entso for gas shall report its findings to the agency and shall include the results of the analysis in the annual report referred to in paragraph 3 , point (e) , of this article. ### 8. the entso for gas shall monitor and analyse the implementation of the network codes and the guidelines adopted by the commission in accordance with article 53(13) , 54 or 56 , and their effect on the harmonisation of applicable rules aimed at facilitating market integration. the entso for gas shall report its findings to the agency and shall include the results of the analysis in the annual report referred to in paragraph 3 , point (ef) , of this article.


### 9. the entso for gas shall make available all information required by acer to fulfil its tasks under article 24(1). ### 9. the entso for gas shall make available all information required by acer to fulfil its tasks under article 24(1). in order to enable the entso for gas to meet that requirement , transmission system operators , and hydrogen transmission network operators shall provide the entso for gas with the requested information.


### acer shall monitor the implementation by the entso for gas of network codes elaborated under article 23(2) and network codes which have been developed in accordance with article 53 (1) to (12) but which have not been adopted by the commission under article 53(13). where the entso for gas has failed to implement such network codes , acer shall request the entso for gas to provide a duly reasoned explanation as to why it has failed to do so. acer shall inform the commission of that explanation and provide its opinion thereon. ### acer shall monitor the implementation by the entso for gas of network codes elaborated under article 23(2) and network codes which have been developed in accordance with article 53(1) to (12) or article 54(1) to (12) but which have not been adopted by the commission under articles 53(13) or 54 (13). where the entso for gas has failed to implement such network codes , acer shall request the entso for gas to provide a duly reasoned explanation as to why it has failed to do so. acer shall inform the commission of that explanation and provide its opinion thereon.


### acer shall monitor and analyse the implementation of the network codes and the guidelines adopted by the commission as laid down in articles 52) , 53 , 55 and 56 , and their effect on the harmonisation of applicable rules aimed at facilitating market integration as well as on non-discrimination , effective competition and the efficient functioning of the market , and report to the commission. ### acer shall monitor and analyse the implementation of the network codes and the guidelines adopted by the commission as laid down in articles 52) , 53 , 54 , 55 and 56 , and their effect on the harmonisation of applicable rules aimed at facilitating market integration as well as on non-discrimination , effective competition and the efficient functioning of the market , and report to the commission.


### the costs related to the activities of the entso for gas referred to in articles 21 to 23 , 52 and 53 of this regulation , and in article 11 of regulation (eu) no 347/2013 of the european parliament and of the council11 shall be borne by the transmission system operators and shall be taken into account in the calculation of tariffs. regulatory authorities shall approve those costs only if they are reasonable and appropriate. ### the costs related to the activities of the entso for gas referred to in articles 21 to 23 , 52 , 53 and 54 of this regulation , and in article 11 of regulation (eu) no 347/2013 of the european parliament and of the council shall be borne by the gas transmission system operators , and the hydrogen transmission network operators and shall be taken into account in the calculation of tariffs. regulatory authorities shall approve those costs only if they are reasonable and appropriate.


### 1. transmission system operators shall establish regional cooperation within the entso for gas to contribute to the tasks referred to in article 23 (1) , (2) and (3). ### 1. gas transmission system operators , and hydrogen transmission network operators shall establish regional cooperation within the entso for gas to contribute to the tasks referred to in article 23(1) , (2) and (3).


### 2. transmission system operators shall promote operational arrangements in order to ensure the optimum management of the network and shall promote the development of energy exchanges , the coordinated allocation of cross-border capacity through non-discriminatory market-based solutions , paying due attention to the specific merits of implicit auctions for short-term allocations and the integration of balancing mechanisms. ### 2. gas transmission system operators , and hydrogen transmission network operators shall promote operational arrangements in order to ensure the optimum management of the network and shall promote the development of energy exchanges , the coordinated allocation of cross-border capacity through non-discriminatory market-based solutions , paying due attention to the specific merits of implicit auctions for short-term allocations and the integration of balancing mechanisms.


### build on national investment plans and chapter iv of regulation (eu) 347/2013 ; ### build on national investment plans , the hydrogen network development reporting as set out in article 52 of recast gas directive where available and chapter iv of regulation (eu) 347/2013.


### distribution system operators shall cooperate with other distribution system operators and transmission system operators to coordinate maintenance , system development , new connections and the operation of the system to ensure system integrity and with a view to maximise capacity and minimise the use of fuel gas. ### distribution system operators shall cooperate with other distribution system operators , gas transmission system operators and hydrogen transmission network operators to coordinate maintenance , system development , new connections and the operation of the system to ensure system integrity and with a view to maximise capacity and minimise the use of fuel gas.


### distribution system operators operating a natural gas system shall cooperate at union level through the european entity for distribution system operators (‘eu dso entity’) set up in accordance with articles 52 to 57 of regulation (eu) 2019/943 of the european parliament and of the council12 , in order to promote the completion and functioning of the internal market for natural gas and to promote optimal management and a coordinated operation of distribution and transmission systems. . ### distribution system operators operating a natural gas or local or regional hydrogen system shall cooperate at union level through the european entity for distribution system operators of gases (‘eu dso entity for gases’) , in order to promote the completion and functioning of the internal market for gases and to promote optimal management and a coordinated operation of distribution and transmission systems. .


### distribution system operators operating a natural gas system shall cooperate at union level through the european entity for distribution system operators (‘eu dso entity’) set up in accordance with articles 52 to 57 of regulation (eu) 2019/943 of the european parliament and of the council12 , in order to promote the completion and functioning of the internal market for natural gas and to promote optimal management and a coordinated operation of distribution and transmission systems. . ### distribution system operators operating a natural gas system shall cooperate at union level through the european entity for distribution system operators (‘eu dso entity’) set up in accordance with articles 52 to 57 of regulation (eu) 2019/943 of the european parliament and of the council12 , in order to promote the completion and functioning of the internal market for natural gas , cooperate in the development of the hydrogen market and to promote optimal management and a coordinated operation of distribution and transmission systems. .


### registered members may participate in the eu dso entity directly or be represented by a national association designated by a member state or by a union-level association. ### registered members may participate in the eu dso entity for gases directly or be represented by a national association designated by a member state or by a union-level association.


### the costs related to the activities of the eu dso entity shall be borne by the distribution system operators that are registered members and shall be taken into account in the calculation of tariffs. regulatory authorities shall only approve costs that are reasonable and proportionate. ### the costs related to the activities of the eu dso entity for gases shall be borne by the distribution system operators that are registered members and shall be taken into account in the calculation of tariffs. regulatory authorities shall only approve costs that are reasonable and proportionate.


### change to the principal rules and procedures for the eu dso entity ### change to the principal rules and procedures for the eu dso entity for gases


### 1. the rules and procedures on the participation of distribution system operators in the eu dso entity pursuant to article 54 of regulation (eu) 2019/942 shall also apply to distribution system operators operating a natural gas system. ### deleted


### 2. the strategic advisory group pursuant to article 54(2) , point (f) , of regulation (eu) 2019/942 shall also consist of representatives of associations representing european distribution system operators solely operating a natural gas system. ### deleted


### 3. by [one year after entry into force] the eu dso entity shall submit to the commission and to acer draft updated statutes , including a code of conduct , a list of registered members , draft updated rules of procedure , including rules of procedures on the consultation with the entso for electricity , the entso for gas and other stakeholders , and draft updated financing rules. . ### 3. by [one year after entry into force] the eu dso entity for gases shall submit to the commission and to acer draft statutes , including a code of conduct , a list of registered members , draft updated rules of procedure , including rules of procedures on the consultation with the entso for gas and other stakeholders , and draft updated financing rules.


### the draft updated rules of procedure of the eu dso entity shall ensure balanced representation of all participating distribution system operators , including those solely owning or operating natural gas systems. ### deleted


### 1. the eu dso entity shall exercise the tasks listed in article 55(1) points (a) to (e) of regulation (eu) 2019/943 and undertake the activities listed in article 55(2) points (c) to (e) of that regulation also as regards those distribution networks which are part of the natural gas system. ### deleted


### 2. in addition to the tasks listed in article 55(1) of regulation (eu) 2019/943 the eu dso entity shall participate in the development of network codes which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission networks and distribution networks pursuant to this regulation and contribute to mitigating fugitive methane emissions from the natural gas system. . ### 2. in addition to the tasks listed in paragraphs (1) and (2) the eu dso entity for gases shall participate in the development of network codes which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission networks and distribution networks pursuant to this regulation and contribute to mitigating fugitive methane and hydrogen emissions from the natural gas and hydrogen systems.


### when participating in the development of new network codes pursuant to article 53 , the eu dso entity shall comply with the consultation requirements as laid down in article 56 of regulation (eu) 2019/943. ### when participating in the development of new network codes pursuant chapter v of this regulation , the eu dso entity for gases shall comply with the consultation requirements as laid down in paragraphs (4) to (6).


### 3. in addition to the activities listed in article 55(2) of regulation (eu) 2019/943 the eu dso entity shall: ### 3. in addition the eu dso entity for gases shall:


### work on identifying best practices for the implementation of the results of the assessments pursuant to article 23(1a) [proposal for rediii] and article 23 [proposal for revised eed] and for the cooperation between operators of electricity distribution networks , of natural gas distribution networks and of district heating and cooling systems including for the purpose of the assessment pursuant to article 24(8) [proposal for rediii]. ### work on identifying best practices for the implementation of the results of the assessments pursuant to article 23(1a) [proposal for rediii] and article 23 [proposal for revised eed] and for the cooperation between operators of electricity distribution networks , of natural gas distribution networks and of district heating and cooling systems , and hydrogen network operators operating local or regional grids , including for the purpose of the assessment pursuant to article 24(8) [proposal for rediii].


### 4. the eu dso entity shall provide input to the entso for gas for its reporting on gas quality , with regard to the distribution networks where distribution system operators are responsible for gas quality management , as referred to in article 23(3). ### 4. the eu dso entity for gases shall provide input to the entso for gas for its reporting on gas quality , with regard to the distribution networks where distribution system operators are responsible for gas quality management , as referred to in article 23(3).


### [...] ### deleted


### article 41 ### deleted


### 1. until the ennoh is established in line with article 40 , the commission will set up a temporary platform involving acer and all relevant market participants , including the entso for gas , the entso for electricity and the eu dso entity and ensures its administrative support. this platform will promote work on scoping and developing issues relevant for the building up of the hydrogen network and markets. the platform will cease to exist once ennoh is established. ### 1. until the ennoh is established in line with article 40 , the commission will set up a temporary platform involving acer and all relevant market participants and industrial sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen. including the entso for gas , the entso for electricity and the eu dso entity and ensures its administrative support. this platform will promote work on scoping and developing issues relevant for the building up of the hydrogen network and markets. the platform will cease to exist once ennoh is established.


### 1. the ennoh shall: ### deleted


### adopt an annual outlook for the supply of hydrogen covering member states where hydrogen is used in electricity generation or for supplying households; ### adopt an annual outlook for the supply of hydrogen covering member states where hydrogen is used industrial sectors identified on the basis of the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen , electricity generation or for supplying households;


### article 43 ### deleted


### identify investment gaps , notably with respect to cross-border capacities. ### identify investment gaps , notably with respect to cross-border capacities and to the infrastructure needs for connecting prioritised sectors identified based on the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen.


### article 44 ### deleted


### article 45 ### deleted


### article 46 ### deleted


### article 47 ### deleted


### 1. the commission may , subject to the empowerments in articles 53 to 56 , adopt implementing or delegated acts. such acts may either be adopted as network codes on the basis of text proposals developed by the entso for gas or the ennoh , or , where so provided for in the priority list pursuant to article 53(3) , by the eu dso entity , where relevant in cooperation with the entso for electricity , the ennoh and acer , pursuant to the procedure laid down in articles 52 to 55 , or as guidelines pursuant to the procedure laid down in article 56. ### 1. the commission may , subject to the empowerments in articles 53 to 56 , adopt implementing or delegated acts. such acts may either be adopted as network codes on the basis of text proposals developed by the entso for gas , or , where so provided for in the priority list pursuant to article 53(3) , by the eu dso entity , where relevant in cooperation with the entso for electricity , and acer , pursuant to the procedure laid down in articles 52 to 55 , or as guidelines pursuant to the procedure laid down in article 56.


### apply to all interconnection points within the union and entry points from and exit points to third countries. ### deleted


### 3. the commission shall , after consulting acer , the entso for gas , the ennoh , the eu dso entity and the other relevant stakeholders , establish every three years a priority list , identifying the areas set out in paragraphs 1 and 2 to be included in the development of network codes. if the subject matter of the network code is directly related to the operation of the distribution system and not primarily relevant to the transmission system , the commission may require the eu dso entity , in cooperation with the entso for gas , to convene a drafting committee and submit a proposal for a network code to acer. ### 3. the commission shall , after consulting acer , the entso for gas , the eu dso entity and the other relevant stakeholders , establish every three years a priority list , identifying the areas set out in paragraphs 1 and 2 to be included in the development of network codes. if the subject matter of the network code is directly related to the operation of the distribution system and not primarily relevant to the transmission system , the commission may require the eu dso entity for gases , in cooperation with the entso for gas , to convene a drafting committee and submit a proposal for a network code to acer.


### 5. acer shall consult the entso for gas , the ennoh , the eu dso entity , and the other relevant stakeholders in regard to the framework guidelines , during a period of no less than two months , in an open and transparent manner. ### 5. acer shall consult the entso for gas , the eu dso entity , and the other relevant stakeholders in regard to the framework guidelines , during a period of no less than two months , in an open and transparent manner.


### 9. the commission shall request the entso for gas or , where provided for in the priority list referred to in paragraph 3 , the eu dso entity in cooperation with the entso for gas , to submit to acer , within a reasonable period , not exceeding 12 months , of receipt of the commission's request , a proposal for a network code in accordance with the relevant framework guideline. ### 9. the commission shall request the entso for gas or , where provided for in the priority list referred to in paragraph 3 , the eu dso entity for gases in cooperation with the entso for gas , to submit to acer , within a reasonable period , not exceeding 12 months , of receipt of the commission's request , a proposal for a network code in accordance with the relevant framework guideline.


### 10. the entso for gas , or where provided for in the priority list referred to in paragraph 3 the eu dso entity , in cooperation with the entso for gas , shall convene a drafting committee to support it in the network code development process. the drafting committee shall consist of representatives of acer , the entso for gas , the ennoh , where appropriate the eu dso entity , and a limited number of the main affected stakeholders. the entso for gas or where provided for in the priority list pursuant to paragraph 3 the eu dso entity , in cooperation with the entso for gas , shall develop proposals for network codes in the areas referred to in paragraphs 1 and 2 where so requested by the commission in accordance with paragraph 9. ### 10. the entso for gas , or where provided for in the priority list referred to in paragraph 3 the eu dso entity for gases , in cooperation with the entso for gas , shall convene a drafting committee to support it in the network code development process. the drafting committee shall consist of representatives of acer , the entso for gas , where appropriate the eu dso entity , and a limited number of the main affected stakeholders. the entso for gas or where provided for in the priority list pursuant to paragraph 3 the eu dso entity , in cooperation with the entso for gas , shall develop proposals for network codes in the areas referred to in paragraphs 1 and 2 where so requested by the commission in accordance with paragraph 9.


### 11. acer shall revise the proposed network code to ensure that it complies with the relevant framework guidelines and contributes to market integration , non-discrimination , effective competition , and the efficient functioning of the market , and shall submit the revised network code to the commission within six months of receipt of the proposal. in the proposal submitted to the commission , acer shall take into account the views provided by all involved parties during the drafting of the proposal led by the entso for gas or the eu dso entity and shall consult the relevant stakeholders on the version of the network code to be submitted to the commission. ### 11. acer shall revise the re-submitted network code to ensure that it complies with the relevant framework guidelines and contributes to market integration , non-discrimination , effective competition , and the efficient functioning of the market , and shall submit the revised network code to the commission within six months of receipt of the proposal. in the proposal submitted to the commission , acer shall take into account the views provided by all involved parties during the drafting of the proposal led by the entso for gas or the eu dso entity for gases and shall consult the relevant stakeholders on the version of the network code to be submitted to the commission.


### 3. the commission shall , after consulting acer , the ennoh , the entso for gas , the eu dso entity and the other relevant stakeholders , establish a priority list every three years , identifying the areas set out in paragraphs 1 and 2 to be included in the development of network codes. ### 3. the commission shall , after consulting acer , the entso for gas , the eu dso entity and the other relevant stakeholders , establish a priority list every three years , identifying the areas set out in paragraphs 1 and 2 to be included in the development of network codes.


### 5. acer shall consult the ennoh , the entso for gas and the other relevant stakeholders in regard to the framework guideline , during a period of at least two months , in an open and transparent manner. ### 5. acer shall consult , the entso for gas , the eu dso entity for gases and the other relevant stakeholders in regard to the framework guideline , during a period of at least two months , in an open and transparent manner.


### 9. the commission shall request the ennoh to submit , within a reasonable period not exceeding 12 months of the receipt of the commission's request , a proposal for a network code in accordance with the relevant framework guideline to acer. ### 9. the commission shall request entso for gas or , as the case may be , the eu dso entity for gases to submit , within a reasonable period not exceeding 12 months of the receipt of the commission's request , a proposal for a network code in accordance with the relevant framework guideline to acer.


### 10. the ennoh shall convene a drafting committee to support it in the network code development process. the drafting committee shall consist of representatives of acer , the entso for gas , the entso for electricity and where appropriate the eu dso entity , and a limited number of the main affected stakeholders. the european network of network operators for hydrogen shall develop proposals for network codes in the areas referred to in paragraphs 1 and 2. ### 10. the entso for gas or , as the case may be , the eu dso entity for gases , shall convene a drafting committee to support it in the network code development process. the drafting committee shall consist of representatives of acer , the entso for gas , the entso for electricity and where appropriate the eu dso entity for gases , and a limited number of the main affected stakeholders. the entso for gas or , as the case may be , the eu dso entity for gases , shall develop proposals for network codes in the areas referred to in paragraphs 1 and 2.


### 11. acer shall revise the proposed network code to ensure that it complies with the relevant framework guidelines and contributes to market integration , non-discrimination , effective competition , and the efficient functioning of the market and , shall submit the revised network code to the commission within six months of receipt of the proposal. in the revised network code , acer shall take into account the views provided by all involved parties during the drafting of the proposal led by the european network of hydrogen network operators and shall consult the relevant stakeholders on the revised version to be submitted to the commission. ### 11. acer shall revise the submitted network code to ensure that it complies with the relevant framework guidelines and contributes to market integration , non-discrimination , effective competition , and the efficient functioning of the market and , shall submit the revised network code to the commission within six months of receipt of the proposal. in the revised network code , acer shall take into account the views provided by all involved parties during the drafting of the proposal led by the entso for gas , or , as the case may be , the eu dso entity for gases and shall consult the relevant stakeholders on the revised version to be submitted to the commission.


### 12. where the ennoh has failed to develop a network code within the period set by the commission under paragraph 9 , the commission may request acer to prepare a draft network code on the basis of the relevant framework guideline. acer may launch a further consultation in the course of preparing a draft network code under this paragraph. acer shall submit a draft network code prepared under this paragraph to the commission and may recommend that it be adopted. ### 12. where the entso for gas or , as the case may be , the eu dso entity for gases , has failed to develop a network code within the period set by the commission under paragraph 9 , the commission may request acer to prepare a draft network code on the basis of the relevant framework guideline. acer may launch a further consultation in the course of preparing a draft network code under this paragraph. acer shall submit a draft network code prepared under this paragraph to the commission and may recommend that it be adopted.


### 13. where the european network of hydrogen network operators has failed to develop a network code , or acer has failed to develop a draft network code as referred to in paragraph 12 , the commission may adopt , on its own initiative , or upon the proposal of acer under paragraph 11 , one or more network codes in the areas listed in paragraphs 1 and 2. ### 13. where the entso for gas or , as the case may be , the eu dso entity for gases , has failed to develop a network code , or acer has failed to develop a draft network code as referred to in paragraph 12 , the commission may adopt , on its own initiative , or upon the proposal of acer under paragraph 11one or more network codes in the areas listed in paragraphs 1 and 2.


### 14. where the commission proposes to adopt a network code on its own initiative , it shall consult acer , the ennoh , the entsog for gas and all relevant stakeholders in regard to the draft network code during a period of no less than two months. ### 14. where the commission proposes to adopt a network code on its own initiative , it shall consult acer , the entso for gas or , as the case may be , the eu dso entity for gases , and all relevant stakeholders in regard to the draft network code during a period of no less than two months.


### 15. this article shall be without prejudice to the commission's right to adopt and amend the guidelines as laid down in article 56. it shall be without prejudice to the possibility for the ennoh to develop non-binding guidance in the areas set out in paragraphs 1 and 2 where such guidance does not relate to areas covered by a request addressed to the ennoh by the commission. the ennoh shall submit any such guidance to acer for an opinion and shall duly take that opinion into account. ### 15. this article shall be without prejudice to the commission's right to adopt and amend the guidelines as laid down in article 56. it shall be without prejudice to the possibility for the , entso for gas or , as the case may be , the eu dso entity for gases , to develop non-binding guidance in the areas set out in paragraphs 1 and 2 where such guidance does not relate to areas covered by a request addressed to the , entso for gas or , as the case may be , the eu dso entity for gases , by the commission. the entso for gas or , as the case may be , the eu dso entity for gases , shall submit any such guidance to acer for an opinion and shall duly take that opinion into account.


### 5. when adopting or amending guidelines , the commission shall consult acer , the entso for gas , the ennoh , the eu dso entity and , where relevant , other stakeholders. ### 5. when adopting or amending guidelines , the commission shall consult acer , the entso for gas , the eu dso entity and , where relevant , other stakeholders.


### 4. in its request for information , the commission shall state the legal basis of the request , the time limit within which the information is to be provided , the purpose of the request , and the penalties provided for in article 59(2) for supplying incorrect , incomplete or misleading information. ### 4. in its request for information , the commission shall state the legal basis of the request , the time limit within which the information is to be provided , the purpose of the request , justified reasons demonstrating how the information needed is necessary for the purposes enforcing this regulation , and the penalties provided for in article 59(2) for supplying incorrect , incomplete or misleading information.


### (4) rearing of pigs , poultry and cattle cause significant pollutant emissions into the air and water. in order to reduce such pollutant emissions , including ammonia , methane , nitrates and greenhouse gas emissions and thereby improve air , water and soil quality , it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of directive 2010/75/eu and to include also cattle farming within that scope. relevant bat requirements take into consideration the nature , size , density and complexity of these installations , including the specificities of pasture based cattle rearing systems , where animals are only seasonally reared in indoor installations , and the range of environmental impacts they may have. the proportionality requirements in bats aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices. ### deleted


### (29) in order to ensure that directive 2010/75/eu continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission to supplement that directive in order to establish operating rules containing requirements for activities relating to rearing of poultry , pigs and cattle , and to amend annexes i and ia to that directive by adding an agro-industrial activity to ensure that it meets its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making of 13 april 201677 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### (29) it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making of 13 april 201677 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts.


### (29) in order to ensure that directive 2010/75/eu continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission to supplement that directive in order to establish operating rules containing requirements for activities relating to rearing of poultry , pigs and cattle , and to amend annexes i and ia to that directive by adding an agro-industrial activity to ensure that it meets its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making of 13 april 201677. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### (29) in order to ensure that directive 2010/75/eu continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission to supplement that directive in order to establish operating rules containing requirements for activities relating to rearing of poultry and pigs , and to amend annexes i and ia to that directive by adding an agro-industrial activity to ensure that it meets its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making of 13 april 201677. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts.


### incidents and accidents ### major accidents


### without prejudice to directive 2004/35/ec of the european parliament and of the council* , in the event of any incident or accident significantly affecting human health or the environment , member states shall take the necessary measures to ensure that: ### without prejudice to directive 2004/35/ec of the european parliament and of the council* , in the event of any major accident within the meaning of the article 3 (13) of the directive 2012/18/eu of the european parliament and of the council , significantly affecting human health or the environment , member states shall take the necessary measures to ensure that:


### the operator immediately takes the measures to limit the environmental consequences and to prevent further possible incidents or accidents; ### the operator immediately takes the measures to limit the environmental consequences and to prevent further possible major accidents;


### the competent authority requires the operator to take any appropriate complementary measures that the competent authority considers necessary to limit the environmental consequences and to prevent further possible incidents or accidents. ### the competent authority requires the operator to take any appropriate complementary measures that the competent authority considers necessary to limit the environmental consequences and to prevent further possible major accidents.


### in the event of any incident or accident significantly affecting human health or the environment in another member state , the member state in whose territory the accident or incident has occurred shall ensure that the competent authority of the other member state is immediately informed. transboundary and multidisciplinary cooperation between the affected member states shall aim at limiting the consequences on the environment and human health and to prevent further possible incidents or accidents. ### in the event of any major accident significantly affecting human health or the environment in another member state , the member state in whose territory the major accident has occurred shall ensure that the competent authority of the other member state is immediately informed. transboundary and multidisciplinary cooperation between the affected member states shall aim at limiting the consequences on the environment and human health and to prevent further possible incidents or accidents.


### (7) in article 9 , paragraph (2) is deleted. ### deleted


### emission limit values for polluting substances listed in annex ii of regulation (ec) no 166/2006* , and for other polluting substances , which are likely to be emitted from the installation concerned in significant quantities , having regard to their nature and their potential to transfer pollution from one medium to another; ### deleted


### member states shall require the operator to prepare and implement , for each installation falling within the scope of this chapter , an environmental management system (‘ems’). the ems shall comply with the provisions included in relevant bat conclusions that determine aspects to be covered in the ems. ### member states shall require each operator subject to requirements set in article 11 of the [eed recast] to implement , at each installation falling within the scope of this chapter ore company-level , an environmental management system (‘ems’). the ems shall comply with the provisions included in relevant bat conclusions that determine aspects to be covered in the ems.


### for installations covered by the obligation to conduct an energy audit or implement an energy management system pursuant to article 8 of directive 2012/27/eu , inclusion of the results of that audit or implementation of the energy management system pursuant to article 8 and annex vi of that directive and of the measures to implement their recommendations; ### inclusion of the results of implementation of the energy management system pursuant to article 8 and annex vi of that directive;


### 3. the ems of an installation shall be made available on the internet , free of charge and without restricting access to registered users.. ### 3. without prejudice to union competition law , information considered as confidential business information or commercially sensitive information shall only be shared with the commission. the non-confidential version of the ems of an installation or capital group , shall be made available on the internet , free of charge and without restricting access to registered users..


### the competent authority shall set out in an annex to the permit conditions the reasons for the application of the second subparagraph , including the result of the assessment by the operator of the fulfilment of the required conditions. ### the competent authority shall set out the reasons for the application of the second subparagraph , including the summary of the result of the assessment by the operator of the fulfilment of the required conditions.


### the competent authority shall set the strictest possible emission limit values that are consistent with the lowest emissions achievable by applying bat in the installation , and that ensure that , under normal operating conditions , emissions do not exceed the emission levels associated with the best available techniques (bat-aels) as laid down in the decisions on bat conclusions referred to in article 13(5). the emission limit values shall be based on an assessment by the operator analysing the feasibility of meeting the strictest end of the bat-ael range and demonstrating the best performance the installation can achieve by applying bat as described in bat conclusions. the emission limit values shall be set through either of the following: ### the competent authority shall set the emission limit values that would not lead to disproportionately higher costs compared to the environmental benefits , and that ensure that , under normal operating conditions , emissions do not exceed the emission levels associated with the best available techniques (bat-aels) as laid down in the decisions on bat conclusions referred to in article 13(5). the emission limit values shall be based on an assessment by the operator analysing the feasibility of meeting emission limit values following from the bat-ael range and demonstrating the best performance the installation can achieve by applying bat as described in bat conclusions. the emission limit values shall be set through either of the following:


### the competent authority shall re-assess whether the derogation granted in accordance with this paragraph is justified every 4 years or as part of each reconsideration of the permit conditions pursuant to article 21 , where such reconsideration is made earlier than 4 years after the derogation was granted. ### deleted


### the commission shall adopt an implementing act , to establish a standardised methodology for assessing the disproportionality between the costs of implementation of the bat conclusions and the potential environmental benefits referred to in the first subparagraph. that implementing act shall be adopted in accordance with the examination procedure referred to in article 75(2).. ### deleted


### the commission shall by [op please insert date = the first day of the month following 24 months after the date of entry into force of this directive] adopt an implementing act establishing the measuring method for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water. this implementing act shall be adopted in accordance with the examination procedure referred to in article 75(2). ### deleted


### where it is necessary to comply with an environmental quality standard referred to in article 18 , including in the case of a new or revised quality standard or where the status of the receiving environment requires a revision of the permit in order to achieve compliance with plans and programmes set under union legislation.. ### where it is necessary to comply with an environmental quality standard referred to in article 18 , including in the case of a new or revised quality standard


### standing in the review procedure may not be conditional on the role that the concerned member of the public played during a participatory phase of the decision-making procedures under this directive. ### standing in the review procedure shall not be conditional on the role that the concerned member of the public played during a participatory phase of the decision-making procedures under this directive.


### member states shall require that by 30 june 2030 the operator includes in its environmental management system referred to in article 14a a transformation plan for each installation carrying out any activity listed in points 1 , 2 , 3 , 4 , 6.1 a , and 6.1 b of annex i. the transformation plan shall contain information on how the installation will transform itself during the 2030-2050 period in order to contribute to the emergence of a sustainable , clean , circular and climate-neutral economy by 2050 , using the format referred to in paragraph 4. ### member states shall require that by 30 june 2030 the operator includes in its environmental management system referred to in article 14a a transformation plan at each installation or company level carrying out any activity listed in points 1 , 2 , 3 , 4 , 6.1 a , and 6.1 b of annex i. the transformation plan shall contain information on how the installation will transform itself during the 2030-2050 period in order to contribute to the emergence of a sustainable , clean , circular and climate-neutral economy by 2050.


### member states shall take the necessary measures to ensure that by 31 december 2031 , the audit organisation contracted by the operator as part of its environmental management system assesses the conformity of the transformation plans referred to in the first subparagraph of paragraph 1 with the requirements set out in the implementing act referred to in paragraph 4. ### deleted


### member states shall require that , as part of the review of the permit conditions pursuant to article 21(3) following the publication of decisions on bat conclusions after 1 january 2030 , the operator includes in its environmental management system referred to in article 14a a transformation plan for each installation carrying out any activity listed in annex i that is not referred to in paragraph 1. the transformation plan shall contain information on how the installation will transform itself during the 2030-2050 period in order to contribute to the emergence of a sustainable , clean , circular and climate-neutral economy by 2050 , using the format referred to in paragraph 4. ### member states shall require that , following the publication of decisions on bat conclusions after 1 january 2030 , the operator includes in its environmental management system referred to in article 14a a transformation plan for each installation carrying out any activity listed in annex i that is not referred to in paragraph 1. the transformation plan shall contain information on how the installation will transform itself during the 2030-2050 period in order to contribute to the emergence of a sustainable , clean , circular and climate-neutral economy by 2050.


### member states shall take the necessary measures to ensure that the audit organisation contracted by the operator as part of its environmental management system assesses the conformity of the transformation plans referred to in the first subparagraph of paragraph 2 with the requirements set out in the implementing act referred to in paragraph 4. ### deleted


### 3. the operator shall make its transformation plan as well as the results of the assessment referred to in paragraphs 1 and 2 public , as part of the publication of its environmental management system. ### 3. the operator shall make its transformation plan public , as part of the publication of its environmental management system.


### 4. the commission shall by 30 june 2028 , adopt an implementing act establishing the format for the transformation plans. this implementing act shall be adopted in accordance with the examination procedure referred to in article 75(2).. ### deleted


### 2. the penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person or to the income of the natural person having committed the infringement. the level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the violation of the economic benefits derived from that violation. the level of the fines shall be gradually increased for repeated infringements. in the case of a violation committed by a legal person , the maximum amount of such fines shall be at least 8 % of the operator’s annual turnover in the member state concerned. ### 2. the penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person or to the income of the natural person having committed the infringement. the level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the violation of the economic benefits derived from that violation. the level of the fines shall be gradually increased for repeated infringements. in the case of a violation committed by a legal person , the maximum amount of such fines shall be 3 % of the operator’s annual turnover in the member state concerned.


### 4. where there is a claim for compensation in accordance with paragraph 1 , supported by evidence from which a causality link may be presumed between the damage and the violation , member states shall ensure that the onus is on the person responsible for the violation to prove that the violation did not cause or contribute to the damage. ### deleted


### 5. member states shall ensure that the limitation periods for bringing actions for compensation referred to in paragraph 1 are not shorter than 5 years. such periods shall not begin to run before the violation has ceased and the person claiming the compensation knows or can reasonably be expected to know that he or she suffered damage from a violation pursuant to paragraph 1.. ### 5. member states shall ensure that the limitation periods for bringing actions for compensation referred to in paragraph 1 are not shorter than 3 years. such periods shall not begin to run before the violation has ceased and the person claiming the compensation knows or can reasonably be expected to know that he or she suffered damage from a violation pursuant to paragraph 1..


### (6) the communication from the commission of 19 february 2020 entitled ‘shaping europe’s digital future’ presents europe’s digital strategy and focuses on few key objectives to ensure that digital solutions help europe to pursue its own way towards a digital transformation that works for the benefit of people. among the key actions it proposes is to invest in building and deploying cutting-edge joint digital capacities , including in supercomputing and quantum technologies , and to expand europe’s supercomputing capacity to develop innovative solutions for medicine , transport and the environment. ### (6) the communication from the commission of 19 february 2020 entitled ‘shaping europe’s digital future’ presents europe’s digital strategy and focuses on few key objectives to ensure that digital solutions help europe to pursue its own way towards a digital transformation that works for the benefit of people. among the key actions it proposes is to invest in building and deploying cutting-edge joint digital capacities , including in supercomputing and quantum technologies , and to expand europe’s supercomputing capacity to develop innovative solutions across all economic sectors , such as medicine , transport , environment and energy.


### (7) the communication from the commission of 10 march 2020 entitled ‘a new industrial strategy for europe’ is reflecting an ambitious industrial strategy for europe to lead the twin transitions towards climate neutrality and digital leadership. the communication stresses the support , among others , to the development of key enabling technologies that are strategically important for europe’s industrial future , including high performance computing and quantum technologies. ### (7) the communication from the commission of 10 march 2020 entitled ‘a new industrial strategy for europe’ is reflecting an ambitious industrial strategy for europe to lead the twin transitions towards climate neutrality and digital leadership. the communication stresses the support , among others , to the development of key enabling technologies that are strategically important for europe’s industrial future , including high performance computing and quantum technologies. the development of a world-class european high performance computing infastrcuture and ecosystem represents a strategic resource for the future of eu's economies and for its security.


### (10) high performance computing is a strategic resource for policy-making , powering applications that provide the means to understand and design efficient solutions to address many complex global challenges and for crisis management. high performance computing contributes to key policies such as the european green deal with models and tools for transforming the increasing number of complex environmental challenges into opportunities for social innovation and economic growth. an example is the destination earth initiative announced in the communications from the commission of 11 december 2019 on “the european green deal” , and of 19 february 2020 on “a european strategy for data” and on “shaping europe's digital future”. ### (10) high performance computing is a strategic resource for policy-making , powering applications that provide the means to understand and design efficient solutions to address many complex global challenges and for crisis management. high performance computing contributes to key policies such as the european green deal with models and tools for transforming the increasing number of complex environmental challenges into opportunities for social innovation and economic growth. an example is the destination earth initiative announced in the communications from the commission of 11 december 2019 on “the european green deal” , and of 19 february 2020 on “a european strategy for data” and on “shaping europe's digital future”. high performance computing should also be considered as a strategic asset to safeguard the innovation capacity of the european union and foster economic growth. the present joint undertaking should also contribute to the strategic autonomy of the european union.


### (11) global events such as the covid-19 pandemic have shown the importance of investing in high performance computing and health-related modelling platforms and tools , as they are playing a key role in the fight against the pandemic , often in combination with other digital technologies such as big data and artificial intelligence. high performance computing is being used to accelerate the identification and production of treatments , to predict the virus’ spread , to help plan the distribution of medical supplies and resources , and to simulate post-epidemic exit measures in order to evaluate different scenarios. high performance computing modelling platforms and tools are critical tools for the current and future pandemics , and they will play a key role in health and personalised medicine. ### (11) global events such as the covid-19 pandemic have shown the importance of investing in high performance computing and health-related modelling platforms and tools , as they are playing a key role in the fight against the pandemic , often in combination with other digital technologies such as big data and artificial intelligence and computer modelling and simulation. high performance computing is being used to accelerate the identification and production of treatments , to predict the virus’ spread , to help plan the distribution of medical supplies and resources , and to simulate post-epidemic exit measures in order to evaluate different scenarios. high performance computing modelling platforms and tools are critical tools for the current and future pandemics , and they will play a key role in health and personalised medicine.


### (14) in order to equip the union with the computing performance needed to maintain its research and industrial capacities at a leading edge , the member states investment in high performance computing and quantum computing should be coordinated and the industrial and market take-up of high performance computing and quantum computing technologies be reinforced both in the public and private sectors. the union should increase its effectiveness in turning the technology developments into demand-oriented and application-driven european high performance computing and quantum computing systems of the highest quality , establishing an effective link between technology supply , co-design with users , and a joint procurement of world-class systems , and creating a world-class ecosystem in high performance computing and quantum computing technologies and applications. at the same time , the union should provide an opportunity for its supply industry to leverage on such investments , leading to their uptake in large-scale and emerging application fields such as personalised medicine , climate change , connected and automated driving or other lead markets that are underpinned by artificial intelligence , blockchain technologies , edge computing or more broadly by the digitalisation of the european industry. ### (14) in order to equip the union with the computing performance needed to maintain its research and industrial capacities at a leading edge , the member states investment in high performance computing and quantum computing should be coordinated and the industrial and market take-up of high performance computing and quantum computing technologies be reinforced both in the public and private sectors. the union should increase its effectiveness in turning the technology developments into demand-oriented and application-driven european high performance computing and quantum computing systems of the highest quality and easily accessible troughout europe , establishing an effective link between technology supply , co-design with users , and a joint procurement of world-class systems , and creating a world-class ecosystem in high performance computing and quantum computing technologies and applications. at the same time , the union should provide an opportunity for its supply industry to leverage on such investments , leading to their uptake in large-scale and emerging application fields such as personalised medicine , climate change , connected and automated driving or other lead markets that are underpinned by artificial intelligence , blockchain technologies , edge computing or more broadly by the digitalisation of the european industry.


### (26) the joint undertaking should contribute to reducing the specific skills gap across the union by engaging in awareness raising measures and assisting in the building of new knowledge and human capital. ### (26) considering that the lack of skills and experience is an obstacle to access hpc and quantum computing technologies , the joint undertaking should contribute to raising the skills and experience level across the union among students , academics and experts (male and female) in the relevent domains by engaging in awareness raising measures and assisting in the building of new knowledge and human capital as world-class hpcs require world-class skilled , trained , and well-educated engineers , physicists , mathematicians , and other beta-orientated people.


### (44) user allocation of access time to the supercomputers of the joint undertaking should be free of charge for public users. it should also be free of charge for private users for their applications related to research and innovation activities funded by horizon europe or the digital europe programme , as well as for private innovation activities of smes , where appropriate. such allocation of access time should primarily be based on open calls for expression of interest launched by the joint undertaking and evaluated by independent experts. with the exception of sme users undertaking private innovation activities , all users benefiting from free-of-charge access time to the supercomputers of the joint undertaking should adopt an open science approach and disseminate knowledge gained through this access , in accordance with the horizon europe regulation. user allocation of access time for economic activities other than private innovation activities of smes (which face particular market failures) , should be granted on a pay-per-use basis , based on market prices. allocation of access time for such economic activities should be allowed but limited and the level of the fee to be paid should be established by the governing board. the access rights should be allocated in a transparent manner. the governing board should define specific rules to grant access time free of charge , where appropriate , and without a call for expression of interest to initiatives that are considered strategic either by the union or by the governing board. representative examples of strategic initiatives of the union include: destination earth , the human brain project flagship , the “1+ million genomes” initiative , the common european data spaces operating in domains of public interest , and in particular the health data space , the high performance computing centres of excellence and competence centres , the digital innovation hubs , etc. upon union’s request , the joint undertaking should grant direct access time on a temporary or permanent basis to strategic initiatives and existing or future application platforms that it considers essential for providing health-related or other crucial emergency support services for the public good , to emergency and crisis management situations or to cases that the union considers essential for its security and defence. the joint undertaking should be allowed to carry out some limited economic activities for commercial purposes. access should be granted to users residing , established or located in an eu member state or a country associated to the digital europe programme and to horizon europe. the access rights should be equitable to any user and allocated in a transparent manner. the governing board should define and monitor the access rights to the union's share of access time for each supercomputer. ### (44) user allocation of access time to the supercomputers of the joint undertaking should be free of charge for public users. it should also be free of charge for private users for their applications related to research and innovation activities funded by horizon europe or the digital europe programme , as well as for private innovation activities of smes , where appropriate. such allocation of access time should primarily be based on open calls for expression of interest launched by the joint undertaking and evaluated by independent experts. with the exception of sme users undertaking private innovation activities , all users benefiting from free-of-charge access time to the supercomputers of the joint undertaking should adopt an open science approach and disseminate knowledge gained through this access , in accordance with the horizon europe regulation. user allocation of access time for economic activities other than private innovation activities of smes (which face particular market failures) , should be granted on a pay-per-use basis on cost-based prices. allocation of access time for such economic activities should be allowed but limited and the level of the fee to be paid should be established by the governing board. the access rights should be allocated in a transparent manner. the governing board should define specific rules to grant access time free of charge , where appropriate , and without a call for expression of interest to initiatives that are considered strategic either by the union or by the governing board. representative examples of strategic initiatives of the union include: destination earth , the human brain project flagship , the “1+ million genomes” initiative , the common european data spaces operating in domains of public interest , and in particular the health data space , the high performance computing centres of excellence and competence centres , the digital innovation hubs , etc. upon union’s request , the joint undertaking should grant direct access time on a temporary or permanent basis to strategic initiatives and existing or future application platforms that it considers essential for providing health-related or other crucial emergency support services for the public good , to emergency and crisis management situations or to cases that the union considers essential for its security and defence. the joint undertaking should be allowed to carry out some limited economic activities for commercial purposes. access should be granted to users residing , established or located in an eu member state or a country associated to the digital europe programme and to horizon europe. the access rights should be equitable to any user and allocated in a transparent manner. the governing board should define and monitor the access rights to the union's share of access time for each supercomputer.


### to develop close cooperation and ensure coordination with other european partnerships , including through joint calls , as well as seek synergies with relevant activities and programmes at union , national , and regional level , in particular with those supporting the deployment of innovative solutions , education and regional development , where relevant; ### to develop close cooperation and ensure coordination with other european partnerships , including through joint calls , as well as seek synergies with relevant activities and programmes at union , national , and regional level , in particular with those supporting the deployment of innovative solutions and modelling platforms , education and regional development , where relevant;


### i) low-power micro-processing components , and related technologies such as novel algorithms , software codes , tools , and environments; ### i) low-power micro-processing components as long as they enhance the computing power of a supercomputer , and related technologies such as novel algorithms , software codes , tools , and environments;


### i) applications for public and private users that exploit the capabilities of high-end supercomputers and their convergence with advanced digital technologies such as artificial intelligence , high performance data analytics , cloud technologies , etc. through the co-design , development and optimisation of high performance computing-enabled large-scale and emerging lead-market codes and applications; ### i) applications for public and private users that exploit the capabilities of high-end supercomputers and their convergence with advanced digital technologies such as artificial intelligence , computer modelling and simulation , high performance data analytics , cloud technologies , etc. through the co-design , development and optimisation of high performance computing-enabled large-scale and emerging lead-market codes and applications;


### (2) the union financial contribution referred to in article 5(1) shall cover up to 35% of the acquisition costs of the mid-range supercomputers. the remaining total cost of ownership of the mid-range supercomputers shall be covered by the participating state where the hosting entity is established or the participating states in the hosting consortium , possibly supplemented by the contributions referred to in article 6. ### (2) the union financial contribution referred to in article 5(1) shall cover up to 50% of the acquisition costs plus up to 50% of the operating costs of the mid-range supercomputers. the remaining total cost of ownership of the mid-range supercomputers shall be covered by the participating state where the hosting entity is established or the participating states in the hosting consortium , possibly supplemented by the contributions referred to in article 6.


### (2) the share of the union's access time to each mid-range supercomputer shall be directly proportional to the financial contribution of the union referred to in article 5(1) to the acquisition cost of the supercomputer and shall not exceed 35% of the total access time of the supercomputer. ### deleted