### (7) on 13 december 2018 , the general court delivered judgment in joined cases t-339/16 , t-352/16 and t-391/1622 concerning an action for annulment of regulation (eu) 2016/646. the general court annulled the part of regulation (eu) 2016/646 which established the conformity factors used to assess compliance of rde test results with the emission limits laid down in regulation (ec) no 715/2007. the court found that only the legislator could introduce those conformity factors as they touched upon an essential element of regulation (ec) no 715/2007. ### (7) on 13 december 2018 , the general court delivered judgment in joined cases t-339/16 , t-352/16 and t-391/1610 concerning an action for annulment of regulation (eu) 2016/646. the general court annulled the part of regulation (eu) 2016/646 which established the conformity factors and error margins used to assess compliance of rde test results with the emission limits laid down in regulation (ec) no 715/2007. the court found that only the legislator could introduce those conformity factors and error margins as they touched upon an essential element of regulation (ec) no 715/2007.


### (8) the general court did not question the technical justification of the conformity factors. therefore , and given that at the current stage of technological development there is still a discrepancy between emissions measured in real driving and those measured in a laboratory , it is appropriate to introduce the conformity factors into regulation (ec) no 715/2007. ### (8) the general court did not question the technical justification of the conformity factors and error margins. therefore , and given that at the current stage of technological development there is still a discrepancy between emissions measured in real driving and those measured in a laboratory , it is appropriate to introduce the same conformity factors and error margins into regulation (ec) no 715/2007.


### (8) the general court did not question the technical justification of the conformity factors. therefore , and given that at the current stage of technological development there is still a discrepancy between emissions measured in real driving and those measured in a laboratory , it is appropriate to introduce the conformity factors into regulation (ec) no 715/2007. ### (8) the general court did not question the technical justification of the conformity factors. therefore , and given that at the current stage of technological development there is still a discrepancy between emissions measured in real driving and those measured in a laboratory , it is appropriate to introduce the conformity factors(including margins of error) into regulation (ec) no 715/2007.


### (9) in order to allow manufacturers to comply with the euro 6 emission limits in the context of rde test procedure , the compliance criteria for rde should be introduced in two steps. during the first step , upon the request of the manufacturer , a temporary conformity factor should apply , while as a second step only the final conformity factor should be used. the commission should keep under review the final conformity factors in light of technical progress. ### (9) in order to allow manufacturers to comply with the euro 6 emission limits in the context of rde test procedure , the compliance criteria for rde should be introduced in two steps. during the first step , upon the request of the manufacturer , a temporary conformity factor should apply , while as a second step only the final conformity factor should be used. the commission should keep under review the error margin in light of technical progress.


### (9) in order to allow manufacturers to comply with the euro 6 emission limits in the context of rde test procedure , the compliance criteria for rde should be introduced in two steps. during the first step , upon the request of the manufacturer , a temporary conformity factor should apply , while as a second step only the final conformity factor should be used. the commission should keep under review the final conformity factors in light of technical progress. ### (9) in order to allow manufacturers to comply with the euro 6 emission limits in the context of rde test procedure , the compliance criteria for rde should be introduced in two steps. during the first step , upon the request of the manufacturer , a temporary conformity factor should apply , while as a second step only the final conformity factor (including margins of error) should be used.


### (11) in order to contribute to the achievement of the union’s air quality objectives and to reduce vehicle emissions , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (tfue) should be delegated to the commission in respect of the detailed rules on the specific procedures , tests and requirements for type approval. that delegation should include supplementing regulation (ec) no 715/2007 by such revised rules as well as the test cycles used to measure emissions; the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems; the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information; the adoption of a revised measurement procedure for particulates. the delegation should further include amending regulation (ec) no 715/2007 for the purposes of revising the final conformity factors downwards to reflect technical progress in pems and recalibrating the particulate mass based limit values and introducing particle number based limit values. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations are conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making of 13 april 2016. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member states’ experts , and their experts systematically should have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### (11) in order to contribute to the achievement of the union’s air quality objectives and to reduce vehicle emissions , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (tfue) should be delegated to the commission in respect of the detailed rules on the specific procedures , tests and requirements for type approval. that delegation should include supplementing regulation (ec) no 715/2007 by such revised rules as well as the test cycles used to measure emissions; the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems. the delegation should further include amending regulation (ec) no 715/2007 for the purposes of revising the error margins to reflect technical progress in pems. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations are conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making of 13 april 2016. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member states’ experts , and their experts systematically should have access to meetings of commission expert groups dealing with the preparation of delegated acts.


### (11) in order to contribute to the achievement of the union’s air quality objectives and to reduce vehicle emissions , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (tfue) should be delegated to the commission in respect of the detailed rules on the specific procedures , tests and requirements for type approval. that delegation should include supplementing regulation (ec) no 715/2007 by such revised rules as well as the test cycles used to measure emissions; the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems; the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information; the adoption of a revised measurement procedure for particulates. the delegation should further include amending regulation (ec) no 715/2007 for the purposes of revising the final conformity factors downwards to reflect technical progress in pems and recalibrating the particulate mass based limit values and introducing particle number based limit values. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations are conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making of 13 april 2016. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member states' experts , and their experts systematically should have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### (11) in order to contribute to the achievement of the union’s air quality objectives and to reduce vehicle emissions , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (tfeu) should be delegated to the commission in respect of the detailed rules on the specific procedures , tests and requirements for type approval. that delegation should include supplementing regulation (ec) no 715/2007 by such revised rules as well as the test cycles used to measure emissions; the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems; the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information; the adoption of a revised measurement procedure for particulates. the delegation should further include amending regulation (ec) no 715/2007 for the purposes of revising the final conformity factors ,including margins of error , downwards to reflect technical progress in pems , ongoing work on their standardisation and recalibrating the particulate mass based limit values and introducing particle number based limit values. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations are conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making of 13 april 2016. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member states' experts , and their experts systematically should have access to meetings of commission expert groups dealing with the preparation of delegated acts.


### those obligations include meeting the emission limits set out in annex i. for the purposes of determining compliance with the euro 6 emission limits set out in table 2 of annex i , the emission values determined during any valid real driving emissions (rde) test shall be divided by the applicable conformity factor set out in table 2a of annex i. the result shall remain below the euro 6 emission limits set out in table 2 of that annex.; ### those obligations include complying with the emission limits set out in annex i. for the purposes of determining compliance with the euro 6 emission limits set out in table 2 of annex i , the emission values determined during any valid real driving emissions (rde) test shall be divided by the applicable conformity factor or , where specified , by the sum of the applicable conformity factor and error margin set out in table 2a of annex i. the result shall comply with the euro 6 emission limits set out in table 2 of that annex.;


### 2. the commission is empowered to adopt delegated acts in accordance with article 14a in order to adopt the following measures based on the results of the unece particulate measurement programme , conducted under the auspices of the world forum for harmonisation of vehicle regulations , without lowering the level of environmental protection within the union: ### 2. the commission is empowered to adopt delegated acts in accordance with article 14a:


### amend this regulation for the purposes of reviewing the particulate mass and particle number limit values set out in annex i; ### deleted


### supplement this regulation by the adoption of a revised measurement procedure for particle numbers. ### deleted


### amending this regulation in order to adapt to technical progress the pollutant-specific final conformity factors set out in table 2a to annex i.; ### amending this regulation in order to adapt to technical progress the pollutant specific margin of error set out in table 2a to annex i.;


### amending this regulation in order to adapt to technical progress the pollutant-specific final conformity factors set out in table 2a to annex i.; ### amending this regulation (by revising the margins of error)in order to adapt to technical progress the pollutant-specific final conformity factors set out in table 2a to annex i.;


### cf pollutant-final (2) ### 1 ,43


### 1. where a delegated act adopted pursuant to article 4 requires products to have a label as referred to in article 14 , the economic operator placing the product on the market or putting it into service shall ensure that products are accompanied , for each individual unit and free of charge , by printed labels in accordance with that delegated act. ### 1. where a delegated act adopted pursuant to article 4 requires products to have a label as referred to in article 14 , the economic operator placing the product on the market or putting it into service shall ensure that products are accompanied , for each individual unit and free of charge , by printed labels or digital copies in accordance with that delegated act. for sustainability reasons , preference should be given to digital labels.


### 1. the cooperation referred to in article 7(2) of regulation (eu) 2019/1020 shall , with regard to online marketplaces and for the purposes of this regulation , include in particular: ### 1. the cooperation referred to in article 7(2) of regulation (eu) 2019/1020 shall , with regard to online marketplaces and online search engines and for the purposes of this regulation , include in particular:


### establishing a regular and structured exchange of information on offers that have been removed on the basis of this article by online marketplaces; ### deleted


### allowing online tools operated by market surveillance authorities to access their interfaces in order to identify non-compliant products; ### deleted


### upon request of the market surveillance authorities , when online marketplaces or online sellers have put in place technical obstacles to the extraction of data from their online interfaces , allowing those authorities to scrape such data for product compliance purposes based on the identification parameters provided by the requesting market surveillance authorities. ### upon request of the market surveillance authorities , when online marketplaces or online sellers have put in place technical obstacles to the extraction of data from their online interfaces , based on the identification parameters provided by the requesting market surveillance authorities.


### when requiring manufacturers , their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to article 4 , third subparagraph , point (a) , the commission shall take into account the following criteria: ### when requiring manufacturers , upon a reasoned request from a national authority , their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to article 4 , third subparagraph , point (a) , the commission shall take into account the following criteria:


### the technical feasibility of recording in-use data; ### the technical feasibility of recording and transmitting in-use data;


### the need to avoid disproportionate administrative burden for economic operators. ### the need to avoid disproportionate administrative burden for economic operators , in particular smes.


### 3. the commission shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially. ### 3. the commission is responsible for maintaining the confidentiality of , and shall ensure that all information obtained in the course of its investigations is treated confidentially.


### article 57 ### deleted


### article 58 ### deleted


### member states shall lay down the rules on penalties applicable to infringements of this regulation and shall take all measures necessary to ensure that they are implemented. the penalties provided for shall be effective , proportionate and dissuasive , taking into account the extent of non-compliance and the number of units of non-complying products placed on the union market. member states shall notify the commission of those provisions by [one year after the date of application of this regulation] at the latest and shall notify it without delay of any subsequent amendment affecting them. ### member states shall lay down the rules on penalties applicable to infringements of this regulation and shall take all measures necessary to ensure that they are implemented. the penalties provided for shall be effective , proportionate and dissuasive , taking into account the extent of non-compliance and the number of units of non-complying products placed on the union market. member states shall notify the commission of those provisions by [at least one year and a half after the date of application of this regulation] at the latest and shall notify it without delay of any subsequent amendment affecting them.


### no sooner than [8 years after the date of application of this regulation] , the commission shall carry out an evaluation of this regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products. the commission shall present a report on the main findings to the european parliament , the council , the european economic and social committee , and the committee of the regions. member states shall provide the commission with the information necessary for the preparation of that report. ### no later than 3 years after the date of application of this regulation and every two years thereafter , the commission shall carry out an evaluation of this regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products. the commission shall present a report on the findings to the european parliament , the council , the european economic and social committee , and the committee of the regions and make it publicly available. the report shall be accompanied by a summary targeted at the general public. member states shall provide the commission with the information necessary for the preparation of that report. the report shall , in particular , focus on the impact of this regulation on smes , the capacity for innovation within the union , as well as the effects of this regulation on consumers , in particular those with a lower or middle income.


### this regulation shall enter into force on the twentieth day following that of its publication in the official journal of the european union. ### this regulation shall enter into force on the twentieth day following that of its publication in the official journal of the european union. it shall apply from [at least one year and a half after the date of publication].


### the following parameters may , as appropriate , and where necessary supplemented by others , be used as a basis for improving the product aspects referred to in article 5(1): ### the following parameters , justified by an appropriate life cycle and circularity assessment may , and , where necessary supplemented by others , be used , individually or aggregated , as a basis for improving the product aspects referred to in article 5(1):


### use or content of recycled materials; ### deleted


### recycled content in products; ### deleted


### this regulation also establishes a digital product passport (‘product passport’) , provides for the setting of mandatory green public procurement criteria and creates a framework to prevent unsold consumer products from being destroyed. ### this regulation also establishes a digital product passport (‘product passport’) , and provides for the setting of mandatory green public procurement criteria.


### (1) ‘product’ means any physical good that is placed on the market or put into service; ### (1) ‘product’ means any tangible movable item that is placed on the market or put into service;


### (1) ‘product’ means any physical good that is placed on the market or put into service; ### (1) ‘product’ means any physical good created as a result of human activity;


### (2) ‘component’ means a product intended to be incorporated into another product; ### (2) ‘component’ means a product or spare part intended to be incorporated into another product;


### (6) ‘ecodesign’ means the integration of environmental sustainability considerations into the characteristics of a product and the processes taking place throughout the product’s value chain; ### (6) ‘ecodesign’ means the integration of environmental sustainability aspects into the characteristics of a product and throughout the product’s value chain;


### (16) ‘remanufacturing’ means an industrial process in which a product is produced from objects that are waste , products or components and in which at least one change is made to the product that affects the safety , performance , purpose or type of the product typically placed on the market with a commercial guarantee; ### (16) ‘remanufacturing’ means an industrial process in which a product is produced or modified from objects , products or components and in which at least one change is made to the product that affects the safety , performance , purpose or type of the product typically placed on the market with a commercial guarantee , requiring a conformity assessment of the resulting product to ensure its compliance with applicable technical standards and regulatory requirements;


### (17) ‘upgrading’ means enhancing the functionality , performance , capacity or aesthetics of a product; ### (17) ‘upgrading’ means enhancing the functionality , performance , capacity of a product;


### (18) ‘refurbishment’ means preparing or modifying an object that is waste or a product to restore its performance or functionality within the intended use , range of performance and maintenance originally conceived at the design stage , or to meet applicable technical standards or regulatory requirements , with the result of making a fully functional product; ### (18) ‘refurbishment’ means preparing or modifying an object or a product to restore its performance or functionality within the intended use , range of performance and maintenance originally conceived at the design stage , and to maintain the compliance with or to meet applicable at the time of placing on the market , technical standards or regulatory requirements , with the result of making a fully functional product;


### (20) ‘repair’ means returning a defective product or waste to a condition where it fulfils its intended use; ### (20) ‘repair’ means returning a defective product to a condition where it fulfils its intended use , meeting the applicable technical standards and regulatory requirements applicable at the time of placing on the market;


### (21) ‘durability’ means the ability of a product to function as required , under specified conditions of use , maintenance and repair , until a limiting event prevents its functioning; ### (21) ‘durability’ means the ability of the goods to maintain their required functions and performance through normal use;


### (23) ‘environmental footprint’ means a quantification of a product’s environmental impacts , whether in relation to a single environmental impact category or an aggregated set of impact categories based on the product environmental footprint method; ### (23) ‘environmental footprint’ means a quantification of a product's or product group's environmental impact including carbon , based on the product environmental footprint method (pef) or other standards;


### (23) ‘environmental footprint’ means a quantification of a product’s environmental impacts , whether in relation to a single environmental impact category or an aggregated set of impact categories based on the product environmental footprint method; ### (23) ‘environmental footprint’ means a quantification of a product’s environmental impacts , whether in relation to a single environmental impact category or an aggregated set of impact categories based on the product environmental footprint method or other scientifically robust and verifiable standards which are lifecycle based;


### (26) ‘public contracts’ means public contracts as defined in article 2(5) of directive 2014/24/eu; ### (26) ‘public procurement’ means public procurement as defined in article 1(2) of directive 2014/24/eu and article 1(2) of directive 2014/25/eu;


### is classified in part 3 of annex vi to regulation (ec) no 1272/2008 in one of the following hazard classes or hazard categories: ### deleted


### 1. products shall comply with information requirements related to the product aspects listed in article 5(1) , as laid down in the delegated acts adopted pursuant to article 4. ### 1. products shall comply with information requirements related to the product aspects listed in article 5(1) , as laid down in the implementing acts with review procedures adopted pursuant to article 4.


### (ii) information for consumers and other end-users on how to install , use , maintain and repair the product in order to minimise its impact on the environment and to ensure optimum durability , as well as on how to return or dispose of the product at end-of-life; ### (ii) information for consumers and other end-users on how to install , use , maintain and repair the product in order to minimise its impact on the environment and to ensure optimum durability , how to return or dispose of the product at end-of-life , as well as on where the producer makes it available , information that the products benefit from a commercial guarantee of durability and its duration in units of time , where that guarantee covers the entire product , has a duration of more than two years and is not offered against additional payment to the product;


### (ii) information for consumers and other end-users on how to install , use , maintain and repair the product in order to minimise its impact on the environment and to ensure optimum durability , as well as on how to return or dispose of the product at end-of-life; ### (ii) meaningful information for consumers and other end-users on how to install , use , maintain and repair the product in order to minimise its impact on the environment and to ensure optimum durability , as well as on how to return or dispose of the product at end-of-life;


### where a delegated acts contains horizontal ecodesign requirements for two or more product groups as referred to in article 5(2) , second subparagraph , point (a) of this paragraph shall not apply. ### where an implementing act with review procedures contains horizontal ecodesign requirements for two or more product groups as referred to in article 5(2) , second subparagraph , point (a) of this paragraph shall not apply.


### the information requirements referred to in paragraph 1 shall enable the tracking of all substances of concern throughout the life cycle of products , unless such tracking is already enabled by another delegated act adopted pursuant to article 4 covering the products concerned , and shall include at least the following: ### the information requirements referred to in paragraph 1 shall enable the tracking of relevant substances of concern , including the threshold , to be defined for a specific product group pursuant to a multi-stakeholder consultation , including at least industry and recyclers , throughout the life cycle of products , unless such tracking is already enabled by another implementing act with review procedures adopted pursuant to article 4 covering the products concerned , and shall include at least the following:


### the information requirements referred to in paragraph 1 shall enable the tracking of all substances of concern throughout the life cycle of products , unless such tracking is already enabled by another delegated act adopted pursuant to article 4 covering the products concerned , and shall include at least the following: ### the information requirements referred to in paragraph 1 shall enable the tracking of relevant substances of concern , including the threshold , to be defined for a specific product group pursuant to a consultation in the ecodesign forum , throughout the life cycle of products , unless such tracking is already enabled , and shall include at least the following:


### (1) the european green deal25 is europe’s sustainable growth strategy that aims to transform the union into a fair and prosperous society , with a modern , competitive , climate-neutral and circular economy. it sets the ambitious objective of ensuring that the union becomes the first climate neutral continent by 2050. it recognises the advantages of investing in the union’s competitive sustainability by building a fairer , greener and more digital europe. products have a pivotal role to play in this green transition. underlining that current production processes and consumption patterns remain too linear and dependent on a throughput of new materials extracted , traded and processed goods and finally disposed of as waste or emissions , the european green deal emphasises the urgent need to transition to a circular economy model and stresses the significant progress that remains to be made. it also identifies energy efficiency as a priority for the decarbonisation of the energy sector and for reaching the climate objectives in 2030 and 2050. ### (1) the european green deal is europe’s sustainable growth strategy that aims to transform the union into a fair and prosperous society , with a modern , competitive , climate-neutral and circular economy. it sets the ambitious objective of ensuring that the union becomes the first climate neutral continent by 2050. it recognises the advantages of investing in the union’s competitive sustainability by building a fairer , greener and more digital europe. products have a pivotal role to play in this green transition. underlining that current production processes and consumption patterns remain too linear and dependent on a throughput of new materials extracted , traded and processed goods and finally disposed of as waste or emissions , the european green deal emphasises the need to transition to a circular economy model and stresses the significant progress that remains to be made. it also identifies energy efficiency as a priority for the decarbonisation of the energy sector and for reaching the climate objectives in 2030 and 2050 , while underlining the importance of energy security and affordability.


### (71) ‘active customer’ means a final natural gas customer , or a group of jointly acting final natural gas customers , who consumes or stores renewable gas , produced within its premises located within confined boundaries or , where permitted by a member state , within other premises , or who sells self-produced renewable gas using the natural gas system , or participates in energy efficiency schemes , provided that those activities do not constitute its primary commercial or professional activity; ### (71) ‘active customer’ means a final natural gas customer , or a group of jointly acting final natural gas or hydrogen customers , who consumes or stores renewable gas or hydrogen , produced within its premises located within confined boundaries or , where permitted by a member state , within other premises , or who sells self-produced renewable gas or hydrogen using the natural gas or hydrogen system , or participates in energy efficiency schemes , provided that those activities do not constitute its primary commercial or professional activity;


### 2. member states shall ensure the protection of energy poor and vulnerable household customers pursuant to articles 25 by social policy or by other means than public interventions in the price setting for the supply of gases. ### 2. member states shall ensure the protection of energy poor and vulnerable customers pursuant to articles 25 by social policy or by other means than public interventions in the price setting for the supply of gases.


### 3. by way of derogation from paragraphs 1 and 2 , member states may apply public interventions in the price setting for the supply of natural gas to energy poor or vulnerable household customers. such public interventions shall be subject to the conditions set out in paragraphs 4 and 5. ### 3. by way of derogation from paragraphs 1 and 2 , member states may apply public interventions in the price setting for the supply of natural gas to energy poor or vulnerable , protected customers. such public interventions shall be subject to the conditions set out in paragraphs 4 and 5.


### 3. by way of derogation from paragraphs 1 and 2 , member states may apply public interventions in the price setting for the supply of natural gas to energy poor or vulnerable household customers. such public interventions shall be subject to the conditions set out in paragraphs 4 and 5. ### 3. by way of derogation from paragraphs 1 and 2 , member states may apply public interventions in the price setting for the supply of natural gas to energy poor or vulnerable household customers or protected customers as defined in regulation (eu) 2017/1938. such public interventions shall be subject to the conditions set out in paragraphs 4 and 5.


### 1. member states shall ensure that all final customers are entitled to have gases provided by a supplier , subject to the supplier's agreement , regardless of the member state in which the supplier is registered , provided that the supplier follows the applicable trading and balancing rules. in that regard , member states shall take all measures necessary to ensure that administrative procedures do not discriminate against suppliers already registered in another member state. ### 1. member states shall ensure that all final customers are entitled to have gases provided by a supplier , subject to the supplier's agreement , regardless of the member state in which the supplier is registered , provided that the supplier is awarded by national regulatory authority where the gas is supplied with required authorisation in line with article 7(2) and follows the applicable trading and balancing rules. in that regard , member states shall take all measures necessary to ensure that administrative procedures do not discriminate against suppliers already registered in another member state.


### 1. member states shall ensure that all final customers are entitled to have gases provided by a supplier , subject to the supplier's agreement , regardless of the member state in which the supplier is registered , provided that the supplier follows the applicable trading and balancing rules. in that regard , member states shall take all measures necessary to ensure that administrative procedures do not discriminate against suppliers already registered in another member state. ### 1. member states shall ensure that all final customers are entitled to have gases provided by a supplier , subject to the supplier's agreement , regardless of the member state in which the supplier is registered , provided that the supplier follows the applicable trading and balancing rules , and any required authorisations compliant with article 7(2) are granted by national regulatory authority in the member the gas is supplied. in that regard , member states shall take all measures necessary to ensure that administrative procedures do not discriminate against suppliers already registered in another member state.


### conditions shall be fair and well known in advance. in any case , the information shall be provided prior to the conclusion or confirmation of the contract. where contracts are concluded through intermediaries , the information referred to points (a) to (f) shall also be provided prior to the conclusion of the contract. ### conditions shall be fair and well known in advance. in any case , the information shall be provided in consumer friendly and unambiguous language , prior to the conclusion or confirmation of the contract. where contracts are concluded through intermediaries , the information referred to points (a) to (f) shall also be provided prior to the conclusion of the contract.


### 1. customers shall have the right to switch gases suppliers or market participants. member states shall ensure that a customer wishing to switch suppliers or market participants , while respecting contractual conditions , is entitled to such a switch within a maximum of three weeks from the date of the request. by 2026 at the latest , the technical process of switching supplier or market participant shall take no longer than 24 hours and shall be possible on any working day. ### 1. customers shall have the right to switch gases suppliers or market participants. member states shall ensure that a customer wishing to switch suppliers or market participants , while respecting contractual conditions , is entitled to such a switch within a maximum of three weeks from the date of the request. by 2028 at the latest , the technical process of switching supplier or market participant shall take no longer than 72 hours and shall be possible on any working day.


### 1. customers shall have the right to switch gases suppliers or market participants. member states shall ensure that a customer wishing to switch suppliers or market participants , while respecting contractual conditions , is entitled to such a switch within a maximum of three weeks from the date of the request. by 2026 at the latest , the technical process of switching supplier or market participant shall take no longer than 24 hours and shall be possible on any working day. ### 1. customers shall have the right to switch gases suppliers or market participants. member states shall ensure that a customer wishing to switch suppliers or market participants , while respecting contractual conditions , is entitled to such a switch within a maximum of three weeks from the date of the request.


### such fees shall be proportionate and shall not exceed the direct economic loss to the supplier or the market participant resulting from the customer's termination of the contract , including the costs of any bundled investments or services that have already been provided to the customer as part of the contract. the burden of proving the direct economic loss shall be on the supplier or market participant. the permissibility of contract termination fees shall be monitored by the regulatory authority , or by another competent national authority. ### such fees shall be proportionate. the permissibility of contract termination fees shall be monitored by the regulatory authority , or by another competent national authority.


### entitled to sell self-produced renewable natural gases using the natural gas system , ### entitled to sell self-produced renewable natural gases or hydrogen using the natural gas or hydrogen system ,


### are financially responsible for the imbalances they cause in the natural gas system or shall delegate their balancing responsibility in accordance with article 3 (e) of [recast gas regulation as proposed in com(2021) xxx]. ### are financially responsible for the imbalances they cause in the natural gas or hydrogen system or shall delegate their balancing responsibility in accordance with article 3 (e) of [recast gas regulation as proposed in com(2021) xxx].


### 4. member states shall ensure that active customers that own facilities that store renewable gas: ### 4. member states shall ensure that active customers that own facilities that store renewable gas or hydrogen:


### have the right to a grid connection within a reasonable time after they made a request to that effect , provided that all necessary conditions , such as balancing responsibility , are fulfilled; ### where it does not lead to the destabilisation of a system , have the right to a grid connection within a reasonable time after they made a request to that effect , provided that all necessary conditions , such as balancing responsibility , are fulfilled;


### are not subject to any double charges , including network charges , for stored renewable gas remaining within their premises; ### are not subject to any double charges , including network charges , for stored renewable gas or hydrogen remaining within their premises;


### citizen energy communities are subject to non-discriminatory , fair , proportionate and transparent procedures and charges , including with respect to grid connection , registration and licensing , and to transparent , non-discriminatory and cost-reflective network charges , ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the natural gas system. ### citizen energy communities are subject to non-discriminatory , fair , proportionate and transparent procedures and charges , including with respect to grid connection , registration and licensing , and to transparent , non-discriminatory and cost-reflective network charges , ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the natural gas or hydrogen system.


### are able to access all natural gas markets in a non-discriminatory manner; ### are able to access all natural gas or hydrogen markets in a non-discriminatory manner;


### are financially responsible for the imbalances they cause in the natural gas system or shall delegate their balancing responsibility in line with article 3 (e) of [recast gas regulation as proposed in com(2021) xxx]; ### are financially responsible for the imbalances they cause in the natural gas or hydrogen system or shall delegate their balancing responsibility in line with article 3 (e) of [recast gas regulation as proposed in com(2021) xxx];


### are entitled to arrange within the citizen energy community the sharing of renewable gas that are produced by the production units owned by the community , subject to other requirements laid down in this article and subject to the community members retaining their rights and obligations as final customers. ### are entitled to arrange within the citizen energy community the sharing of renewable gas or hydrogen that are produced by the production units owned by the community , subject to other requirements laid down in this article and subject to the community members retaining their rights and obligations as final customers.


### 1. member states shall ensure the deployment of smart metering systems that can accurately measure consumption , provide information on actual time of use , and are capable to transmit and receive data for information , monitoring and control purposes , using a form of electronic communication. ### 1. member states shall ensure the deployment of smart metering systems that can accurately measure consumption , provide information on actual time of use , and are capable to transmit and receive data for information , monitoring and control purposes , using a form of electronic communication. such deployment may be subject to a cost-benefit assessment.


### 1. where final natural gas customers do not have smart meters , member states shall ensure that final customers are provided with individual conventional meters that accurately measure their actual consumption. ### 1. where final natural gas customers do not have smart meters , member states shall ensure that , in so far as it is technically possible , financially feasible , and proportionate to the potential energy savings , final customers are provided with individual conventional meters that accurately measure their actual consumption


### member states shall take appropriate measures to protect final customers , and shall , in particular , ensure that there are adequate safeguards to protect vulnerable customers. in this context , each member state shall define the concept of vulnerable customers which may refer to energy poverty. measures to protect vulnerable consumers may include , inter alia , to the prohibition of disconnection to such customers in critical times. ### member states shall take appropriate measures such as foreseen in article 4 (3) , (3a) , to protect final customers , and shall , in particular , ensure that there are adequate safeguards to protect vulnerable customers. in this context , each member state shall define the concept of vulnerable customers which may refer to energy poverty and include customers such as the protected consumers. measures to protect vulnerable consumers may include , inter alia , to the prohibition of disconnection to such customers in critical times.


### in particular , member states shall take appropriate measures to protect final customers in remote areas who are connected to the natural gas or hydrogen systems. member states may appoint a supplier of last resort for household customers , and , where member states deem it to be appropriate , small enterprises considered to be vulnerable customers connected to the gas system.. they shall ensure high levels of consumer protection , particularly with respect to transparency regarding contractual terms and conditions , general information and dispute settlement mechanisms. ### in particular , member states shall take appropriate measures to address energy poverty where identified pursuant to point (d) of article 3(3) of regulation (eu) 2018/1999 , including in the broader context of poverty and to protect final customers in remote areas who are connected to the natural gas or hydrogen systems. among others , member states may appoint a supplier of last resort for household customers , and , where member states deem it to be appropriate , small enterprises considered to be vulnerable customers connected to the gas system. they shall ensure high levels of consumer protection , particularly with respect to transparency regarding contractual terms and conditions , general information and dispute settlement mechanisms.


### 1. member states shall ensure the implementation of a system of third party access to the transmission and distribution system , and lng facilities based on published tariffs , applicable to all customers , including supply undertakings , and applied objectively and without discrimination between system users. member states shall ensure that those tariffs , or the methodologies underlying their calculation , are approved prior to their entry into force in accordance with article 72 by a regulatory authority referred to in article 70 and that those tariffs — and the methodologies , where only methodologies are approved — are published prior to their entry into force. tariff discounts can be granted only if so provided by union legislation. ### 1. member states shall ensure the implementation of a system of third party access to the transmission and distribution system , and lng facilities based on published tariffs , applicable to all customers , including supply undertakings , and applied objectively and without discrimination between system users. member states shall ensure that those tariffs , or the methodologies underlying their calculation , are approved prior to their entry into force in accordance with article 72 by a regulatory authority referred to in article 70 and that those tariffs — and the methodologies , where only methodologies are approved — are published prior to their entry into force. tariff discounts can be granted only if so provided by union law or exceptionally where duly justified by the member state and necessary to combat energy poverty among protected consumers.


### 1. member states shall ensure the implementation of a system of third party access to the transmission and distribution system , and lng facilities based on published tariffs , applicable to all customers , including supply undertakings , and applied objectively and without discrimination between system users. member states shall ensure that those tariffs , or the methodologies underlying their calculation , are approved prior to their entry into force in accordance with article 72 by a regulatory authority referred to in article 70 and that those tariffs — and the methodologies , where only methodologies are approved — are published prior to their entry into force. tariff discounts can be granted only if so provided by union legislation. ### 1. member states shall ensure the implementation of a system of third party access to the transmission and distribution system , and lng facilities based on published tariffs , applicable to all customers , including supply undertakings , and applied objectively and without discrimination between system users. member states shall ensure that those tariffs , or the methodologies underlying their calculation , are approved prior to their entry into force in accordance with article 72 by a regulatory authority referred to in article 70 and that those tariffs — and the methodologies , where only methodologies are approved — are published prior to their entry into force.


### 2. the provisions of this directive shall not prevent the conclusion of long-term contracts for renewable and low carbon gases in so far as they comply with union competition rules and contribute to decarbonisation. no long-term contracts for supply of unabated fossil gas shall be concluded with a duration beyond the end of year 2049 . ### 2. the provisions of this directive shall not prevent the conclusion of long-term contracts for renewable and low carbon gases in so far as they comply with union competition rules and contribute to decarbonisation.


### 1. natural gas and hydrogen undertakings may refuse access or connection to the natural gas or hydrogen system on the basis of lack of capacity . duly substantiated reasons shall be given for any such a refusal. ### 1. natural gas and hydrogen undertakings may refuse access or connection to the natural gas or hydrogen system on the basis of lack of capacity or if it could interrupt fulfilment of the public interest objectives such as security , quality and affordable cost of the supply proposed to final consumers. duly substantiated reasons shall be given for any such a refusal.


### 1. natural gas and hydrogen undertakings may refuse access or connection to the natural gas or hydrogen system on the basis of lack of capacity . duly substantiated reasons shall be given for any such a refusal. ### 1. natural gas and hydrogen undertakings may refuse access or connection to the natural gas or hydrogen system on the basis of lack of capacity or where the access to the system would prevent them from carrying out the public service obligations referred to in article 5(2) which are assigned to them. duly substantiated reasons shall be given for any such a refusal.


### respecting contractual freedom with regard to long-term contracts provided that they are compatible with union law and consistent with union policies and provided they contribute to decarbonisation objectives. no long-term contracts for supply of unabated fossil gas shall be concluded with a duration beyond the end of year 2049 ; ### respecting contractual freedom with regard to long-term supply and capacity contracts , including hydrogen long term contracts and hydrogen purchase agreements provided that they are compatible with union law and consistent with union policies and provided they contribute to decarbonisation objectives. no long-term contracts for supply of unabated fossil gas shall be concluded with a duration beyond the end of year 2049 ;


### (53) ‘entry-exit system’ means the aggregation of all transmission and distribution systems to which one specific balancing regime applies; ### (53) ‘entry-exit system’ means an access model for natural gas or hydrogen networks where network users can book capacity rights independently at entry and exit points;


### (55) ‘virtual trading point’ means a non-physical commercial point within an entry-exit system where gases are exchanged between a seller and a buyer without the need to book transmission or distribution capacity. ### (55) ‘virtual trading point’ means a non-physical commercial point within an entry-exit system where gases are exchanged between a seller and a buyer without the need to book capacity.


### 1. member states as well as the regulatory authorities shall cooperate with each other for the purpose of integrating their national markets at one and more regional levels , towards the creation of regional markets , where member states as well regulatory authorities so decided , and further towards the creation of a fully liberalised internal market. in particular , the regulatory authorities where member states have so provided or member states shall promote and facilitate the cooperation of natural gas transmission system operators and hydrogen network operators at a regional level , including on cross-border issues , with the aim of creating a competitive internal market for gases , foster the consistency of their legal , regulatory and technical framework and facilitate integration of the isolated systems forming gas islands that persist in the union . the geographical areas covered by such regional cooperation shall include cooperation in geographical areas defined in accordance with article 28(3) of regulation (ec) . such cooperation may cover other geographical areas. where the commission considers that the rules at union levelare relevant for the regional integration of markets for gases , it shall provide appropriate guidance taking into account the specificities of these markets and the impact on neighbouring markets. ### 1. member states as well as the regulatory authorities shall cooperate with each other for the purpose of integrating their national markets at one and more regional levels , towards the creation of regional markets , where member states as well regulatory authorities so decided , and further towards the creation of a fully liberalised internal market. in particular , the regulatory authorities where member states have so provided or member states shall promote and facilitate the cooperation of natural gas transmission system operators and hydrogen network operators at a regional level , including on cross-border issues , with the aim of creating a competitive internal market for gases , foster the consistency of their legal , regulatory and technical framework and facilitate integration of the isolated systems forming gas islands that persist in the union . the geographical areas covered by such regional cooperation shall include cooperation in geographical areas defined in accordance with article 28(3) of regulation (ec) . such cooperation may cover other geographical areas. where the commission considers that the rules at union levelare relevant for the regional integration of markets for gases , it shall provide appropriate non-binding guidance taking into account the specificities of these markets and the impact on neighbouring markets.


### 7. member states shall ensure that authorisations under national law for the construction and operation of natural gas pipelines and other network assets used for the transport of natural gas shall apply also to pipelines and network assets for the transport of hydrogen. ### 7. member states shall ensure that authorisations under national law for the construction and operation of natural gas pipelines and other natural gas infrastructure assets shall apply also to pipelines and other infrastructure assets for hydrogen.


### 8. member states shall ensure that existing contractual land-use rights for the construction and operation of natural gas pipelines and other network assets shall be understood as encompassing also pipelines and other network assets for the transport of hydrogen. ### 8. member states shall ensure that existing land-use rights for the construction and operation of natural gas pipelines and other network assets shall be also applied to pipelines and other network assets for the transport of hydrogen.


### 8. member states shall ensure that existing contractual land-use rights for the construction and operation of natural gas pipelines and other network assets shall be understood as encompassing also pipelines and other network assets for the transport of hydrogen. ### 8. member states shall ensure that existing land-use rights for the construction and operation of natural gas pipelines and other network assets shall be understood as encompassing also pipelines and other network assets for the transport of hydrogen.


### 1. renewable gases shall be certified in accordance with article 29 and 30 of directive (eu) 2018/2001. ### 1. renewable gases shall be certified in accordance with article 29 and 30 of directive (eu) 2018/2001. to this end , member states shall ensure that a guarantee of origin is issued in response to a request from a producer of renewable gases and contains the minimum information provided in paragraph 7 of article 19 of directive (eu) 2018/2001.


### 2. in order to ensure that the greenhouse gas emissions savings from the use of low carbon fuels and low carbon hydrogen are at least 70% in accordance with the definitions in article 2 , points (10) and (12) under article 2 , member states shall require economic operators to show that this threshold and the requirements established in the methodology referred to in paragraph 5 of this article have been complied with. for those purposes , they shall require economic operators to use a mass balance system in line with article 30 (1) and (2) of directive (eu) 2018/2001. ### 2. in order to ensure that the greenhouse gas emissions savings from the use of low carbon fuels and low carbon hydrogen are at least 70% in accordance with the definitions in article 2 , points (10) and (12) under article 2 , member states shall require low carbon fuels and hydrogen producers to show that this threshold and the requirements established in the methodology referred to in paragraph 5 of this article have been complied with. for those purposes , they shall require low carbon fuels and hydrogen producers to use a mass balance system in line with article 30 (1) and (2) of directive (eu) 2018/2001. to this end , member states shall ensure that a guarantee of origin is issued in response to a request from a producer of low-carbon gases and contains the minimum information provided in paragraph 7 of article 19 of directive (eu) 2018/2001.


### 5. by 31 december 2024 , the commission shall adopt delegated acts in accordance with article 83 to supplement this directive by specifying the methodology for assessing greenhouse gas emissions savings from low carbon fuels. the methodology shall ensure that credit for avoided emissions is not given for carbon dioxide the capture of which has already received an emission credit under other provisions of law. ### 5. by 31 december 2024 , the commission shall adopt delegated acts in accordance with article 83 to supplement this directive by specifying the methodology for assessing greenhouse gas emissions savings from low carbon fuels. the methodology shall ensure that credit for avoided emissions is not given for carbon dioxide the capture of which has already received an emission credit under other provisions of law and that it is designed in a technology neutral manner , taking into consideration in particular a positive impact of carbon capture technologies.


### 10. member states shall also require the relevant economic operators to enter into the union database information on the transactions made and the sustainability characteristics of low carbon fuels in line with the requirements established in article 28 of directive (eu) 2018/2001. ### 10. member states shall also require the relevant economic operators to enter into the union database information on the sustainability characteristics of low carbon fuels in line with the requirements established in article 28 of directive (eu) 2018/2001. upon injection into the interconnected infrastructure reporting in the union database should be limited to information about the injection/withdrawal of gases.the union database shall be set up by 202x. before that date , and until the union database is operational , economic operators shall have the possibility to use national registries/systems as long as they are notified to the commission.


### (55) in contrast , with regard to the hydrogen sector , the emergence of vertically integrated undertakings could be avoided in the first place by setting clear up-front rules. this is preferable over costly ex-post unbundling requirements that would take time to implement. ### deleted


### (67) the operation of hydrogen networks should be separated from activities of energy production and supply in order to avoid the risk of conflicts of interest on behalf of the network operators. the structural separation of ownership of hydrogen networks and participations in energy production and supply guarantees the absence of such conflicts of interest. member states should be able to rely on the alternative unbundling model of “integrated hydrogen network operator” until 2030 to provide a transitional period for existing vertically integrated hydrogen networks. member states should also be able to allow the use of the “independent hydrogen network operator” model to allow vertically integrated owners of hydrogen networks to retain ownership of their networks while ensuring the non-discriminatory operation of such networks after 2030. ### (67) the operation of hydrogen networks should be separated from activities of energy production and supply in order to avoid the risk of conflicts of interest on behalf of the network operators. the structural separation of ownership of hydrogen networks and participations in energy production and supply guarantees the absence of such conflicts of interest. member states should be able to rely on the alternative unbundling model of "integrated hydrogen network operator" to provide a level playing field for vertically integrated hydrogen networks. member states should also be able to allow the use of the "independent hydrogen network operator" model to allow vertically integrated owners of hydrogen networks to retain ownership of their networks while ensuring the non-discriminatory operation of such networks.


### (68) whereas the joint operation of hydrogen networks and gas or electricity grids can create synergies and should thus be allowed , activities of hydrogen network operation should be organised in a separate legal entity in order to ensure transparency regarding financing and the use of access tariffs. ### (68) whereas the joint operation of hydrogen networks and gas or electricity grids can create synergies and should thus be allowed , activities of hydrogen network operation should be organised in separate accounts in order to ensure transparency regarding financing and the use of access tariffs.


### (69) the operation of hydrogen networks should be separated from the activities of energy production and supply in order to avoid the risk of conflicts of interest on behalf of the network operators. the structural separation of ownership of hydrogen networks and participation in energy production and supplies should guarantee the absence of such conflicts of interest. member states should be able to rely on the alternative unbundling model of integrated hydrogen network operator until 2030 to provide a transitional period for existing vertically integrated hydrogen networks. member states should also be able to offer the use of an independent hydrogen network operator to allow vertically integrated owners of hydrogen networks to retain ownership of their networks while ensuring the non-discriminatory operation of such networks after 2030. ### deleted


### (70) in order to ensure transparency with regard to the costs and financing of regulated activities , activities of hydrogen network operation should be separated from other network operation activities for other energy carriers at least in relation to the legal form and accounts of network operators. ### (70) in order to ensure transparency with regard to the costs and financing of regulated activities , activities of hydrogen network operation should be separated from other network operation activities for other energy carriers in relation to the accounts of network operators.


### (119) it is necessary to progress towards interconnected hydrogen markets in the union and thereby facilitate investments in cross-border hydrogen infrastructure. under the regulated third-party access regime , in the absence of cross-border transportation tariffs after 31 december 2030 a system of financial compensation should provide financial incentives for market participants to develop cross-border interconnectors. ### (119) it is necessary to progress towards interconnected hydrogen markets in the union and thereby facilitate investments in cross-border hydrogen infrastructure. under the regulated third-party access regime , a system of financial incentives should be provided for market participants to develop cross-border interconnectors.


### (119) it is necessary to progress towards interconnected hydrogen markets in the union and thereby facilitate investments in cross-border hydrogen infrastructure. under the regulated third-party access regime , in the absence of cross-border transportation tariffs after 31 december 2030 a system of financial compensation should provide financial incentives for market participants to develop cross-border interconnectors. ### (119) it is necessary to progress towards interconnected hydrogen markets in the union and thereby facilitate investments in cross-border hydrogen infrastructure. under the regulated third-party access regime , a system of financial compensation should provide financial incentives for market participants to develop cross-border interconnectors.


### 4. this directive establishes rules for the progressive establishment of a union-wide interconnected hydrogen system contributing to the reduction of net greenhouse gas emissions of difficult to decarbonise sectors and thereby supporting to the decarbonisation of the eu energy system. ### 4. this directive establishes rules for the progressive establishment of a union-wide interconnected hydrogen system contributing to the reduction of net greenhouse gas emissions of sectors with the highest greenhouse gases abatement potential per tonne of hydrogen consumed supporting to the decarbonisation of the eu energy system.


### (12) ‘low-carbon fuels’ means recycled carbon fuels as defined in article 2 of directive (eu) 2018/2001 , low-carbon hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from low-carbon hydrogen , which meet the greenhouse gas emission reduction threshold of 70%. ### (12) ‘low-carbon fuels’ means recycled carbon fuels as defined in article 2 of directive (eu) 2018/2001 , low-carbon hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from low-carbon hydrogen , which meet the greenhouse gas emission reduction threshold of 70% and waste gases as defined in article 2(11) of delegated regulation of the commission xx/xx on transitional union-wide rules for harmonised free allocation of emission allowances.


### (20) ‘hydrogen network’ means a network of pipelines used for the transport of hydrogen of a high grade of purity with a view to its delivery to customers , but not including supply; ### (20) ‘hydrogen network’ means a network of pipelines used for the transport of hydrogen of a high grade of purity with a view to its delivery to customers irrespective of transmission or distribution , but not including supply


### (21) ‘hydrogen transport’ means the transport of hydrogen through a hydrogen network with a view to its delivery to customers , but not including supply , irrespective of the pressure , the geographic coverage or the connected customer group of the network; ### (21) ‘hydrogen transport’ means the transport of hydrogen through a hydrogen network with a view to its delivery to customers , but not including supply , irrespective of transmission or distribution , the geographic coverage or the connected customer group of the network;


### 5. where negotiated access is used , regulatory authorities shall provide guidance to hydrogen network users on how negotiated tariffs will be affected when regulated third party access is introduced. ### 5. where negotiated access is used , regulatory authorities shall provide guidance to hydrogen network users on how negotiated tariffs will be affected when regulated third party access is introduced. at the date of entry into force of regulated third party access , hydrogen network users may opt to remain under a negotiated third-party access regime or to switch to a regulated third-party access. guidance shall be provided as well with regard to contractual terms and conditions agreed in hydrogen purchase agreements and capacity contracts.


### 4. transmission system operators shall ensure efficient gas quality management in their facilities in line with applicable gas quality standards. ### 4. transmission system operators shall ensure efficient gas quality management in their facilities in line with applicable gas quality standards. for that purpose the transmission system operators shall be entitled to develop and operate facilities for the adjustment or transformation of gases and provide related services to the system users. costs related to gas quality shall be covered by allowed revenues or target revenues of the transmission system operators.


### 4. transmission system operators shall ensure efficient gas quality management in their facilities in line with applicable gas quality standards. ### 4. transmission system operators shall ensure efficient gas quality management in their facilities in line with applicable gas quality standards. in particular , transmission system operators may construct and operate facilities for hydrogen blending and de-blending and provide the necessary services for the operation of such facilities to efficiently manage gas quality.


### 7. member states may provide that one or several responsibilities listed in paragraph 1 are assigned to a transmission system operator other than the one which owns the transmission system to which the responsibilities concerned would otherwise be applicable. the transmission system operator to which the tasks are assigned shall be certified under the ownership unbundling , the independent system operator or the independent transmission system operator model and fulfil the requirements provided for in article 54 , but shall not be required to own the transmission system it is responsible for. ### deleted


### 8. the transmission system operator shall fulfil the requirements provided for in chapter ix and be certified in accordance with article 57. this shall be without prejudice to the possibility for transmission system operators which are certified under the ownership unbundling , the independent system operator or the independent transmission system operator model to delegate , on their own initiative and under their supervision , certain tasks to other transmission system operators which are certified under the ownership unbundling , the independent system operator or the independent transmission system operator model , where the delegation of tasks does not endanger the effective and independent decision-making rights of the delegating transmission system operator. ### 8. transmission system operators which are certified under the ownership unbundling , the independent system operator or the independent transmission system operator model are entitled to delegate , on their own initiative and under their supervision , certain tasks to other transmission system operators which are certified under the ownership unbundling , the independent system operator or the independent transmission system operator model , where the delegation of tasks does not endanger the effective and independent decision-making rights of the delegating transmission system operator.


### 1. without prejudice to article 68 or any other legal duty to disclose information , each transmission , storage or lng system operator , and each transmission system owner , shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities , and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. in particular , it shall not disclose any commercially sensitive information to the remaining parts of the undertaking , unless this is necessary for carrying out a business transaction. in order to ensure the full respect of the rules on information unbundling , member states shall ensure that the transmission system owner including , in the case of a combined operator , the distribution system operator , and the remaining part of the undertaking do not use joint services , such as joint legal services , apart from purely administrative or it functions. ### 1. without prejudice to article 68 or any other legal duty to disclose information , each transmission , storage or lng system operator , and each transmission system owner , shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities , and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. if the transmission , storage or lng system operator , or the transmission system owner is part of a vertically integrated undertaking , it shall not disclose , in particular , any commercially sensitive information to the remaining parts of the vertically integrated undertaking other than transmission system operators , distribution system operators or hydrogen network operators , unless this is necessary for carrying out a business transaction. in order to ensure the full respect of the rules on information unbundling , member states shall ensure that , where the transmission system operator is unbundled in accordance with the rules on the independent system operator for natural gas set out in section 2 of chapter ix , the transmission system owner including , in the case of a combined operator , the distribution system operator , and the remaining part of the vertically integrated undertaking other than transmission system operators , distribution system operators or hydrogen network operators do not use joint services , such as joint legal services , apart from purely administrative or it functions.


### 1. without prejudice to article 68 or any other legal duty to disclose information , each transmission , storage or lng system operator , and each transmission system owner , shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities , and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. in particular , it shall not disclose any commercially sensitive information to the remaining parts of the undertaking , unless this is necessary for carrying out a business transaction. in order to ensure the full respect of the rules on information unbundling , member states shall ensure that the transmission system owner including , in the case of a combined operator , the distribution system operator , and the remaining part of the undertaking do not use joint services , such as joint legal services , apart from purely administrative or it functions. ### 1. without prejudice to article 68 or any other legal duty to disclose information , each transmission , storage or lng system operator , and each transmission system owner , shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities , and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. in particular , if the transmission , storage or lng system operator , or transmission system owner is part of a vertically integrated undertaking , it shall not disclose any commercially sensitive information to the remaining parts of the undertaking , unless this is necessary for carrying out a business transaction. in order to ensure the full respect of the rules on information unbundling , member states shall ensure that the transmission system owner including , in the case of a combined operator , the distribution system operator , and the remaining part of the vertically integrated undertaking do not use joint services , such as joint legal services , apart from purely administrative or it functions.


### 2. when so decided by regulatory authorities , distribution system operators may be responsible for ensuring efficient gas quality management in their facilities in line with applicable gas quality standards , where necessary for system management due to the injection of renewable and low-carbon gases. ### 2. when so decided by regulatory authorities , distribution system operators may be responsible for ensuring efficient gas quality management in their facilities in line with applicable gas quality standards , where necessary for system management due to the injection of renewable and low-carbon gases. for that purpose the distribution system operators shall be entitled to develop and operate facilities for the adjustment or transformation of gases and provide related services to the system users. costs related to gas quality shall be covered by allowed revenues or target revenues of the distribution system operators.


### article 44 (1) shall not prevent the operation of a combined transmission , lng , storage and distribution system operator provided that the operator complies with article 54 (1) , or articles 55 and 56 , or chapter ix . ### article 44 (1) shall not prevent the operation of a combined transmission , lng , storage , distribution system operator , hydrogen network , hydrogen terminal or hydrogen storage operator provided that the operator complies with chapter ix .


### 2. each hydrogen network operator shall build sufficient cross-border capacity to integrate european hydrogen infrastructure accommodating all economically reasonable and technically feasible demands for capacity and taking into account security of hydrogen supply. ### 2. each hydrogen network operator shall build sufficient cross-border capacity to integrate and to expand , upon requests of right to a grid connection submitted by final hydrogen customers , the european hydrogen infrastructure accommodating all economically reasonable and technically feasible demands for capacity and taking into account security of hydrogen supply. member states and the competent regulatory authority shall ensure that the hydrogen network operator realises the infrastructure investment requested by hydrogen priority sectors at the latest within three years from its application.


### 3. such intergovernmental agreement may contain , as appropriate , rules specifying the implementation of the requirements of third-party access , tariff regulation and on the unbundling of the operator of the hydrogen interconnector , as well as rules on the certification of renewable and low-carbon hydrogen , including rules ensuring the collection of required data and the application of the criteria for accounting hydrogen produced from electricity as renewable hydrogen. ### 3. such intergovernmental agreement may contain , as appropriate , rules specifying the implementation of the requirements of third-party access , tariff regulation and on the unbundling of the operator of the hydrogen interconnector , as well as rules on the certification of renewable and low-carbon hydrogen , including rules ensuring the collection of required data and the application of the criteria for accounting transported hydrogen as low carbon or renewable hydrogen.


### 1. without prejudice to legal duties to disclose information , each operator of a hydrogen network , hydrogen storage facility or hydrogen terminal , and each owner of a hydrogen network , shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities , and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. in particular , if the operator of a hydrogen network , hydrogen storage facility or hydrogen terminal , or the owner of a hydrogen network is part of a vertically integrated undertaking , it shall not disclose any commercially sensitive information to the remaining parts of the undertaking , unless this is necessary for carrying out a business transaction. ### 1. without prejudice to legal duties to disclose information , each operator of a hydrogen network , hydrogen storage facility or hydrogen terminal , and each owner of a hydrogen network , shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities , and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. if the operator of a hydrogen network , hydrogen storage facility or hydrogen terminal , or the owner of a hydrogen network is part of a vertically integrated undertaking , it shall not disclose , in particular , any commercially sensitive information to the remaining parts of the vertically integrated undertaking other than transmission system operators , distribution system operators or hydrogen network operators , unless this is necessary for carrying out a business transaction.


### 1. without prejudice to legal duties to disclose information , each operator of a hydrogen network , hydrogen storage facility or hydrogen terminal , and each owner of a hydrogen network , shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities , and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. in particular , if the operator of a hydrogen network , hydrogen storage facility or hydrogen terminal , or the owner of a hydrogen network is part of a vertically integrated undertaking , it shall not disclose any commercially sensitive information to the remaining parts of the undertaking , unless this is necessary for carrying out a business transaction. ### 1. without prejudice to legal duties to disclose information , each operator of a hydrogen network , hydrogen storage facility or hydrogen terminal , and each owner of a hydrogen network , shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities , and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. in particular , if the operator of a hydrogen network , hydrogen storage facility or hydrogen terminal , or the owner of a hydrogen network is part of a vertically integrated undertaking , it shall not disclose any commercially sensitive information to the remaining parts of the vertically integrated undertaking , unless this is necessary for carrying out a business transaction.


### 1. at least every two years , all transmission system operators shall submit to the relevant regulatory authority a ten-year network development plan based on existing and forecast supply and demand after having consulted all relevant stakeholders. there shall be at least one single network development plan per member state. infrastructure operators , including lng terminal operators , storage operators , distribution system operators as well as hydrogen , district heating infrastructure and electricity operators shall be required to provide and exchange all relevant information to the transmission system operators required for developing the single plan. that network development plan shall contain efficient measures in order to guarantee the adequacy of the natural gas system and the security of supply , in particular the compliance with the infrastructure standards under regulation (eu) 2017/1938. the ten-year network development plan shall be published and accessible on a website . ### 1. at least every two years all transmission system operators shall submit to the relevant regulatory authority a ten-year network development plan based on existing and forecast supply and demand after having consulted all the relevant stakeholders. there shall be at least one single network development plan per member state. infrastructure operators , including lng terminal operators , storage operators , distribution system operators as well as hydrogen , district heating infrastructure and electricity operators and hydrogen priority sectors shall be required to provide and exchange all relevant information to the transmission system operators required for developing the single plan. that network development plan shall contain efficient measures in order to guarantee the adequacy of the natural gas and hydrogen system and the security of supply in particular the compliance with the infrastructure standards under regulation (eu) 2017/1938. the ten-year network development plan shall be published and accessible on a website.


### contain all the investments already decided and identify new investments which have to be executed in the next three years; ### contain all the investments already decided and identify new investments which have to be executed in the next three years including investments to be realised based on the notification of identified priority sectors;


### 3. when elaborating the ten-year network development plan , the transmission system operator shall fully take into account the potential for alternatives to system expansion , for instance the use of demand response , as well as expected consumption following the application of the energy efficiency first principle , trade with other countries and the union-wide network development plan. the transmission system operator shall assess how to address , where possible , a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets . ### 3. when elaborating the ten-year network development plan , the transmission system operator shall fully take into account the potential for alternatives to system expansion , for instance the use of demand response which enhances the creation of new hydrogen lead markets , as well as expected consumption following the application of the energy efficiency first principle , the prioritisation of the industrial users which have the highest greenhouse gases emissions abatement potential per tonne of consumed hydrogen , trade with other countries and the union-wide network development plan. the transmission system operator shall assess how to address , where possible , a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets.


### 3. when elaborating the ten-year network development plan , the transmission system operator shall fully take into account the potential for alternatives to system expansion , for instance the use of demand response , as well as expected consumption following the application of the energy efficiency first principle , trade with other countries and the union-wide network development plan. the transmission system operator shall assess how to address , where possible , a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets . ### 3. when elaborating the ten-year network development plan , the transmission system operator shall fully take into account the views of all operators providing input to the development plan. the transmission system operator shall fully take into account the potential for alternatives to system expansion , for instance the use of demand response , as well as expected consumption following the application of the energy efficiency first principle , trade with other countries and the union-wide network development plan. the transmission system operator shall assess how to address , where possible , a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets .


### include information on capacity needs , both in volume and duration , as negotiated between network users and hydrogen network operators; ### include information on energy and capacity needs , both in volume and duration , as negotiated between network users , including end-users and hydrogen network operators;


### include information on the extent to which repurposed natural gas pipelines will be used for the transport of hydrogen; ### include information on the extent to which repurposed natural gas pipelines will be used for the transport of hydrogen especially to rapidly deliver hydrogen to sectors with the highest greenhouse gases emissions abatement potential per tonne of hydrogen consumed.


### be in line with the integrated national energy and climate plan and its updates , and with the integrated national energy and climate reports submitted in accordance with regulation (eu) 2018/1999 and support the climate-neutrality objective set out in article 2(1) of regulation (eu) 2021/1119. ### be in line with the integrated national energy and climate plan and its updates , and with the integrated national energy and climate reports submitted in accordance with regulation (eu) 2018/1999 and support the climate-neutrality objective set out in article 2(1) of regulation (eu) 2021/1119 and ensure hydrogen supply to industrial end-users with the highest greenhouse gases emissions abatement potential per tonne of hydrogen consumed.


### 5. after 31 december 2030 , all affected hydrogen network operators shall negotiate a system of financial compensation to ensure financing for cross-border hydrogen infrastructure. while developing that , hydrogen network operators shall conduct an extensive consultation process involving all relevant market participants. ### deleted


### 6. the hydrogen network operators concerned shall agree on the system of financial compensation within 3 years and by 31 december 2033. if no agreement is reached within that period , the involved regulatory authorities shall decide jointly within 2 years. where the relevant regulatory authorities cannot reach a joint agreement within 2 years , acer shall take a decision , following the process pursuant to article 6(10) in regulation (eu) 2019/942. ### deleted


### 7. the system of financial compensation shall be implemented in line with article 72(1) , point (b). ### deleted


### 8. for the transition to a system of financial compensation mechanism , existing capacity contracts shall not be affected by the established financial compensation mechanism. ### deleted


### 9. further details required to implement the process set out in this article , including required processes and time frames , process for reviewing and if necessary amending the compensation mechanism allowing taking into account tariff evolution and the development of the hydrogen networks , shall be set in a network code established on the basis of article 54 of [recast gas regulation as proposed in com(2021)xxx]. ### deleted


### 3. where on [entry into force] the hydrogen network belonged to a vertically integrated undertaking , a member state may decide not to apply paragraph 1. in such case , the member state concerned shall designate an independent hydrogen network operator unbundled in accordance with the rules on independent system operators for natural gas set out article 55. hydrogen network operators and transmission system operators for gas unbundled in accordance with article 54(1) can act as independent hydrogen network operator , subject to the requirements pursuant to article 63. ### 3. a member state may decide not to apply paragraph 1. in such case , the member state concerned shall designate either:


### 4. until 31 december 2030 , member state may designate an integrated hydrogen network operator unbundled in accordance with the rules on independent transmission operators for natural gas set out in section 3 of chapter ix. such designation shall expire by 31 december 2030 at the latest. ### 4. member state may designate an integrated hydrogen network integrated hydrogen network operator unbundled in accordance with the rules on independent transmission operators for natural gas set out in section 3 of chapter ix.


### article 63 ### deleted


### where a hydrogen network operator is part of an undertaking active in transmission or distribution of natural gas or electricity , it shall be independent at least in terms of its legal form. ### deleted


### in carrying out the regulatory tasks specified in this directive , the regulatory authority shall take all reasonable measures in pursuit of the following objectives within the framework of their duties and powers as laid down in article 72 , in close consultation with other relevant national authorities , including competition authorities and authorities from neighbouring countries , including third countries , as appropriate , and without prejudice to their competencies: ### in carrying out the regulatory tasks specified in this directive , the regulatory authority shall take all reasonable measures in pursuit of the following objectives within the framework of their duties and powers as laid down in article 72 , in close consultation with other relevant national authorities , including competition authorities and authorities from neighbouring countries , including third countries , as appropriate , and without prejudice to their competencies:


### proposal for a regulation of the european parliament and of the council on the transparency and targeting of political advertising (text with eea relevance) ### deleted


### proposal for a regulation of the european parliament and of the council on the transparency and targeting of political advertising (text with eea relevance) ### proposal for a directive of the european parliament and of the council on the transparency and targeting of political advertising (text with eea relevance)


### (1) the supply of and demand for political advertising are growing and increasingly cross-border in nature. a large , diversified and increasing number of services are associated with that activity , such as political consultancies , advertising agencies , “ad-tech” platforms , public relations firms , influencers and various data analytics and brokerage operators. political advertising can take many forms including paid content , sponsored search results , paid targeted messages , promotion in rankings , promotion of something or someone integrated into content such as product placement , influencers and other endorsements. related activities can involve for instance the dissemination of political advertising upon request of a sponsor or the publication of content against payment. ### deleted


### (2) political advertising can be disseminated or published through various means and media across borders. it can be disseminated or published via traditional offline media such as newspapers , television and radio , and also increasingly via online platforms , websites , mobile applications , computer games and other digital interfaces. the latter are not only particularly prone to be offered cross-border , but also raise novel and difficult regulatory and enforcement challenges. the use of online political advertising is strongly increasing , and certain linear offline forms of political advertising , such as radio and television , are also offered online as on-demand services. political advertising campaigns tend to be organised to make use of a range of media and forms. ### deleted