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


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


### (43) the blending of hydrogen into the natural gas system is less efficient compared to using hydrogen in its pure form and diminishes the value of hydrogen. it also affects the operation of gas infrastructure , end-user applications , and the interoperability of cross-border systems. the member states’ decision on whether to apply blending hydrogen in their national natural gas systems should be preserved. at the same time , a harmonised approach on blending hydrogen into the natural gas system in the form of a union-wide allowed cap at cross-border interconnection points between union member states , where transmission system operators have to accept natural gas with a blended hydrogen level below the cap , would limit the risk of market segmentation. adjacent transmission systems should remain free to agree on higher hydrogen blending levels for cross-border interconnection points. ### (43) the blending of hydrogen into the natural gas system is less efficient compared to using hydrogen in its pure form and diminishes the value of hydrogen. it also affects the operation of gas infrastructure , end-user applications , and the interoperability of cross-border systems. however , it is the best solution to allow for the progressive decarbonisation of the gas sector. duplicating the existing gas infrastructures to have a hydrogen-dedicated network is not cost-efficient , in particular in those member states that do not have a certain population density or degree of industrial concentration. therefore , the member states’ decision on whether to apply blending hydrogen in their national natural gas systems should be preserved. at the same time , a harmonised approach on blending hydrogen into the natural gas system in the form of a union-wide allowed cap at cross-border interconnection points between union member states , where transmission system operators have to accept natural gas with a blended hydrogen level below the cap , would limit the risk of market segmentation. adjacent transmission systems should remain free to agree on higher hydrogen blending levels for cross-border interconnection points.


### (43) the blending of hydrogen into the natural gas system is less efficient compared to using hydrogen in its pure form and diminishes the value of hydrogen. it also affects the operation of gas infrastructure , end-user applications , and the interoperability of cross-border systems. the member states’ decision on whether to apply blending hydrogen in their national natural gas systems should be preserved. at the same time , a harmonised approach on blending hydrogen into the natural gas system in the form of a union-wide allowed cap at cross-border interconnection points between union member states , where transmission system operators have to accept natural gas with a blended hydrogen level below the cap , would limit the risk of market segmentation. adjacent transmission systems should remain free to agree on higher hydrogen blending levels for cross-border interconnection points. ### (43) the blending of hydrogen into the natural gas system is a transitional option , as it is less efficient compared to using hydrogen in its pure form and diminishes the value of hydrogen. it also affects the operation of gas infrastructure , end-user applications , and the interoperability of cross-border systems. the member states’ decision on whether to apply blending hydrogen in their national natural gas systems should be preserved. at the same time , a harmonised approach on blending hydrogen into the natural gas system in the form of a union-wide allowed cap at cross-border interconnection points between union member states , where transmission system operators have to accept natural gas with a blended hydrogen level below the cap , would limit the risk of market segmentation.


### (49) in order to ensure transparency regarding the development of the hydrogen network in the union , the ennoh should establish , publish and regularly update a non-binding union-wide ten-year network development plan for hydrogen targeted at the needs of the developing hydrogen markets. viable hydrogen transportation networks and necessary interconnections , relevant from a commercial point of view , should be included in that network development plan. the ennoh should participate in the development of the energy system wide cost-benefit analysis – including the interlinked energy market and network model including electricity , gas and hydrogen transport infrastructure as well as storage , lng and electrolysers – , the scenarios for the ten-year network development plans and the infrastructure gaps identification report as set out in articles 11 , 12 and 13 of [the ten-e regulation as proposed in com(2020) 824 final] for the development of the lists of projects of common interest. for that purpose , the ennoh should closely cooperate with the entso for electricity and the entso for gas to facilitate system integration. the ennoh should undertake those tasks for the first time for the development of the 8th list of projects of common interest , provided it is operational and in the position to deliver the necessary input to the ten-year network development plan by 2026. ### (49) in order to ensure the transparent and efficient development of the hydrogen network in the union , the entsog&h should establish , publish and regularly update a non-binding union-wide ten-year network development plan for gas and hydrogen targeted at taking into account the needs of the two distinct gas and developing hydrogen markets. viable hydrogen transportation networks and necessary interconnections , relevant from a commercial point of view , should be included in that network development plan. the entsog&h should continue to participate in the development of the energy system wide cost-benefit analysis – including the interlinked energy market and network model including electricity , gas and hydrogen transport infrastructure as well as storage , lng and electrolysers – , the scenarios for the ten-year network development plans and the infrastructure gaps identification report as set out in articles 11 , 12 and 13 of [the ten-e regulation as proposed in com(2020) 824 final] for the development of the lists of projects of common interest. for that purpose , the entsog&h should closely cooperate with the entso for electricity to facilitate system integration. the entsog&h should undertake those tasks for the first time for the development of the 8th list of projects of common interest , provided it is operational and in a position to deliver the necessary input to the ten-year network development plan by 2026.


### (71) joint procurement of strategic stocks by several transmission operators of different member states should be designed in a way so that they can be used in case of union wide or regional emergency as part of the actions coordinated by the commission pursuant to article 12(3) of regulation (eu) 2017/1938. transmission system operators which engage in joint procurement of strategic stocks shall ensure that any joint purchasing agreement complies with the eu competition rules , and in particular with the requirements of article 101 tfeu. the notification done to assess the compliance with this regulation is without prejudice to the notification of aids granted by states , where applicable , under article 108(3) tfeu. ### (71) joint procurement of gases , including hydrogen by several transmission operators and hydrogen network operators of different member states or other undertakings designated by the member states should be designed in a way so that they can be used in case of union wide or regional emergency as part of the actions coordinated by the commission pursuant to article 12(3) of regulation (eu) 2017/1938. transmission system operators , hydrogen network operators or other undertakings designated by the member states which engage in joint procurement of gases , including hydrogen , shall ensure that any joint purchasing agreement complies with the eu competition rules , and in particular with the requirements of article 101 tfeu. the notification done to assess the compliance with this regulation is without prejudice to the notification of aids granted by states , where applicable , under article 108(3) tfeu.


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


### (25) ‘lng facility capacity’ means capacity at a liquefied natural gas (lng) terminal for the liquefaction of natural gas or the importation , offloading , ancillary services , temporary storage and re-gasification of lng; ### (25) ‘lng or hydrogen facility capacity’ means capacity at a liquefied natural gas (lng) or hydrogen terminal for the liquefaction of natural gas or the importation , exportation , reloading , offloading , ancillary services , temporary storage and re-gasification of lng and hydrogen;


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


### market rules shall deliver appropriate investment incentives , in particular for long-term investments in a decarbonised and sustainable gas system , for energy storage , energy efficiency and demand response to meet market needs , and shall facilitate fair competition and security of supply; ### market rules shall deliver appropriate investment and consumption incentives , in particular for long-term investments in a decarbonised and sustainable gas system , for energy storage , energy efficiency and demand response to meet market needs , and shall facilitate fair competition and security of supply;


### 1. where a transmission or network operator provides regulated services for gas , hydrogen and/or electricity , it shall comply with the requirement for unbundling of accounts as laid down in article 69 of [recast gas directive as proposed in com(2021) xxx] and article 56 of directive (eu) 2019/944 and it shall have a regulated asset base separately for gas , electricity or hydrogen assets. a separate regulated asset base shall ensure that: ### 1. where a transmission or distribution system or hydrogen network operator provides regulated services for gas , hydrogen and/or electricity , it shall comply with the requirement for unbundling of accounts as laid down in article 69 of [recast gas directive as proposed in com(2021) xxx] and article 56 of directive (eu) 2019/944 and it shall have a regulated asset base separately for gas , electricity or hydrogen assets. a separate regulated asset base shall ensure that:


### 1. where a transmission or network operator provides regulated services for gas , hydrogen and/or electricity , it shall comply with the requirement for unbundling of accounts as laid down in article 69 of [recast gas directive as proposed in com(2021) xxx] and article 56 of directive (eu) 2019/944 and it shall have a regulated asset base separately for gas , electricity or hydrogen assets. a separate regulated asset base shall ensure that: ### 1. where a transmission or network operator provides regulated services for gas , hydrogen and/or electricity , it shall comply with the requirement for unbundling of accounts as laid down in article 69 of [recast gas directive as proposed in com(2021) xxx] and article 56 of directive (eu) 2019/944 and it shall have a regulated asset base separately for gas , electricity or hydrogen assets.


### services revenues obtained from the provision of specific regulated services can only be used to recover the capital and operational expenditures related the assets included in the regulated assets base on which the regulated services were provided; ### deleted


### when assets are transferred to a different regulated asset base , their value will be established. the value set for the transferred asset is subject to an audit and approval by the competent regulatory authority. the value established will be such that cross-subsidies do not occur. ### deleted


### 2. a member state may allow financial transfers between regulated services that are separate as meant in in the first paragraph , provided that: ### 2. a member state may allow financial transfers between regulated services that are separate as meant in in the first paragraph , provided that the regulatory authority approves the underlying methodology.


### all revenues needed for the financial transfer are collected as a dedicated charge; ### deleted


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


### the dedicated charge and financial transfer or the methodologies underlying their calculation are approved prior to their entry into force by the regulatory authority referred to in article 70; ### deleted


### the approved dedicated charge and financial transfer and the methodologies , where methodologies are approved are published. ### deleted


### 3. the regulatory authority may only approve a financial transfer and dedicated charge referred to in paragraph 2 , provided that: ### deleted


### 4. by [date of adoption =1 year] acer shall issue recommendations to transmission or network operators and regulatory authorities on the methodologies for: ### deleted


### 5. hydrogen network operators shall regularly assess market demand for new investment , taking into account security of supply and the efficiency of the final hydrogen uses. ### 5. hydrogen network operators shall regularly assess market demand for new investment , taking into account security of supply , the efficiency of the final hydrogen uses and the needs of infrastructure of sectors of prioritisation with the highest co2 abatement potentials per tonne of consumed hydrogen.


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


### lng and storage system operators shall , at least every two years , assess market demand for new investment allowing the use of renewable and low carbon gases in the facilities. when planning new investments , lng and storage system operators shall assess market demand and take into account security of supply. lng and storage system operators shall make publicly available any plans regarding new investments allowing the usage of renewable and low carbon gases in their facilities. ### lng and storage system operators shall , in cooperation with relevant regulatory authorities and at least every two years , assess market demand for new investment , allowing the use of renewable and low carbon gases in the facilities , including repurposing for hydrogen derivatives and hydrogen terminals. when planning new investments , lng and storage system operators shall assess market demand and take into account security of supply and avoid fossil fuel lock-in. lng and storage system operators shall make publicly available any plans regarding new investments allowing prioritising the usage of renewable and low carbon gases in their facilities.


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


### 4. transmission system operators shall regularly assess market demand for new investment taking into account the joint scenario as developed for the integrated network development plan based on article 51 of [recast gas directive as proposed in com(2021) xxx] as well as security of supply. ### 4. transmission system operators shall regularly assess market demand for new investment taking into account the joint scenario as developed for the integrated network development plan based on article 51 of [recast gas directive as proposed in com(2021) xxx] as well as security of supply , and sectors of hydrogen prioritisation identified based on the highest co2 abatement potentials per tonne of consumed hydrogen.


### 13 certification of transmission system operators and hydrogen network operators ### 13 certification of transmission system operators and hydrogen transmission network operators


### 1. the commission shall examine any notification of a decision on the certification of a transmission system operator or a hydrogen network operator as laid down in article 65(6) of [the recast gas directive as proposed in com(2021)xxx] as soon as it is received. within two months of the day of receipt of such notification , the commission shall deliver its opinion to the relevant regulatory authority in regard to its compatibility with article 65(2) or article 66 , and article 54 of recast gas directive for transmission system operators , and article 65 of that directive for hydrogen network operators . . ### 1. the commission shall examine any notification of a decision on the certification of a transmission system operator or a hydrogen transmission network operator as laid down in article 65(6) of [the recast gas directive as proposed in com(2021)xxx] as soon as it is received. within two months of the day of receipt of such notification , the commission shall deliver its opinion to the relevant regulatory authority in regard to its compatibility with article 65(2) or article 66 , and article 54 of recast gas directive for transmission system operators , and article 65 of that directive for hydrogen network operators . .


### 1. tariffs , or the methodologies used to calculate them , applied by the transmission system operators and approved by the regulatory authorities pursuant to article 72(7) of recast gas directive , as well as tariffs published pursuant to article 27(1) of that directive , shall be transparent , take into account the need for system integrity and its improvement and reflect the actual costs incurred , insofar as such costs correspond to those of an efficient and structurally comparable network operator and are transparent , whilst including an appropriate return on investments . tariffs , or the methodologies used to calculate them , shall be applied in a non discriminatory manner. . ### 1. tariffs , or the methodologies used to calculate them , applied by the transmission system operators and approved by the regulatory authorities pursuant to article 72(7) of recast gas directive , as well as tariffs published pursuant to article 27(1) of that directive , shall be transparent , take into account the need for system integrity and its improvement and reflect the actual costs incurred , insofar as such costs correspond to those of an efficient and structurally comparable network operator and are transparent , whilst including an appropriate return on investments . tariffs , or the methodologies used to calculate them , shall be determined in a non discriminatory manner at european level.


### tariffs may also be determined through market-based arrangements , such as auctions , provided that such arrangements and the revenues arising therefrom are approved by the regulatory authority. ### deleted


### tariffs for network users shall be non-discriminatory and set separately for every entry point into or exit point out of the transmission system. cost-allocation mechanisms and rate setting methodology regarding entry points and exit points shall be approved by the regulatory authorities. member states shall ensure that network charges shall not be calculated on the basis of contract paths. ### tariffs for network users shall be non-discriminatory and set separately for every entry point into or exit point out of the transmission system without prejudice to paragraph 2 of this article for interconnection points between member states. cost-allocation mechanisms and rate setting methodology regarding entry points and exit points shall be approved by the regulatory authorities.


### 2. tariffs for network access shall neither restrict market liquidity nor distort trade across borders of different transmission systems. where differences in tariff structures would hamper trade across transmission systems , and notwithstanding article 72(7) of recast gas directive , transmission system operators shall , in close cooperation with the relevant national authorities , actively pursue convergence of tariff structures and charging principles. ### 2. tariffs for network access shall neither restrict market liquidity nor distort trade across borders of different transmission systems. in this regard , competitive auctions with a zero-reserve price shall be used to allocate capacity at entry and exit infra-eu interconnection points. the revenues of these auctions shall be used to cover the efficient costs of the corresponding transmission systems.


### entry points from renewable and low carbon production facilities. a discount of 75% shall be applied to the respective capacity-based tariffs for the purposes of scaling-up the injection of renewable and low-carbon gases; ### deleted


### 4. the commission shall re-examine the tariff reductions pursuant to paragraph 1 [5 years after entry into force of the regulation]. it shall issue a report providing an overview of their implementation and assess whether the level of the reductions set in paragraph 1 is still adequate in view of the latest market developments. the commission shall be empowered to adopt delegated acts in accordance with article 63 in order to change the discount levels as set in paragraph 1. ### 4. the commission shall re-examine the tariff reductions pursuant to paragraph 1 [5 years after entry into force of the regulation]. it shall issue a report providing an overview of their implementation and assess whether the level of the reductions set in paragraph 1 is still adequate in view of the latest market developments. the report shall provide a comprehensive assessment of the impacts of implemented tariff reductions on final consumers. the commission shall be empowered to adopt delegated acts in accordance with article 63 in order to change or remove the discount levels set in paragraph 1.


### 2. the costs of the transmission system operator shall be subject to an efficiency comparison between union transmission system operators , be appropriately defined by acer. acer shall publish on [3 years after transposition] and every four years thereafter a study comparing the efficiency of union transmission system operators’ costs. the relevant regulatory authorities and the transmission system operators shall provide acer with all the data necessary for this comparison. the results of such comparison shall be taken into account by the relevant regulatory authorities , together with national circumstances , when periodically setting the allowed or target revenues of transmission system operators. ### 2. until no later than 1 january 2025 , acer shall publish a study on the feasibility of comparing the efficiency of union transmission system operators , taking into account relevant differences in member states such as network topology , the applicable regulatory regime , the number of transmission system operators , the role of cross-system flows and competing gas routes , as well as the presence of security of supply issues.


### 1. transmission system operators shall ensure firm capacity for the access of production facilities of renewable and low carbon gases connected to their grid. for this purpose , transmission system operators shall develop in cooperation with the distribution system operators procedures and arrangements , including investments , to ensure reverse flow from distribution to transmission network. ### 1. transmission system operators shall ensure firm capacity for the access of production facilities of renewable and low carbon gases connected to their grid. for this purpose , transmission system operators shall develop in cooperation with the distribution system operators network connection and reinforcements plans as set out in article 53bis of [recast gas directive as proposed in com(2021) xxx] , as well as procedures and arrangements necessary to implement the necessary network reinforcements (as defined in article 2 , point 35bis of the [recast gas directive as proposed in com(2021) xxx] , including investments aiming to operate reverse flow from distribution to transmission network.


### jointly carry out a cost-benefit analysis on the technically feasible options to define economically efficient solutions which shall specify the breakdown of costs and benefits among the categories of affected parties; ### jointly carry out a cost-benefit analysis on the technically feasible options to define economically efficient solutions which shall specify the breakdown of costs and benefits among the categories of affected parties , taking into account a regional and cross european perspective including impacts on crossborder gas flows , cost-effective integration of res and decarbonisation of the gas system;


### 1. transmission system operators shall accept gas flows with a hydrogen content of up to 5% by volume at interconnection points between union member states in the natural gas system from 1 october 2025 , subject to the procedure described in article 19 of this regulation. ### 1. transmission system operators shall accept gas flows with a hydrogen content of up to 5% by volume at interconnection points between union member states in the natural gas system from 1 october 2025. this obligation shall be subject to the procedure described in article 19 of this regulation.


### 21 european network of transmission system operators for gas ### 21 the joint eu organisation of gas transmission system operators and hydrogen transmission network operators


### 21 european network of transmission system operators for gas ### 21 the joint eu organisation of gas transmission system operators and hydrogen transmission system operators


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


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


### a non-binding union -wide ten-year network development plan ( union -wide network development plan) , including a european supply adequacy outlook , every two years; ### a non-binding union -wide ten-year network development plan (union -wide network development plan) for gas and hydrogen networks including european plan for hydrogen priority corridors consistent with annex 1 of eu 2022/869 and reinforced by the repowereu communication (com(2022) 230) , and a european supply adequacy outlook , every two years; the union-wide network development plan for gas and hydrogen shall be harmonised with the union-wide network development plan for electricity;


### the entso for gas shall adopt and publish the union -wide network development plan referred to in article 23 paragraph 3 , point (b) , every two years. the union -wide network development plan shall include the modelling of the integrated network , scenario development , a european supply adequacy outlook and an assessment of the resilience of the system. ### the entsog&h shall adopt and publish the union -wide network development plan referred to in article 23 paragraph 3 , point (b) , every two years. the union -wide network development plan shall include the modelling of the integrated network , scenario development , a european supply adequacy outlook and an assessment of the resilience of the system.


### 1. distribution system operators shall ensure firm capacity for the access of the production facilities renewable and low carbon gases connected to their grid. to this extent , distribution system operators shall develop in cooperation with the transmission system operators procedures and arrangements , including investments , to ensure reverse flow from distribution to transmission network. ### 1. distribution system operators shall ensure firm capacity and continuous injection for the access of the production facilities renewable and low carbon gases connected to their grid. to this extent , distribution system operators shall develop in cooperation among themselves and with the transmission system operators network connection and reinforcements plans as set out in article 53bis of [recast gas directive as proposed in com(2021) xxx] , as well as procedures and arrangements necessary to implement the necessary network reinforcements , including investments in reverse flow from distribution to transmission network or network meshing between several zones within the distribution system area.


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


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


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


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


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


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


### cooperate with the entso for gas on the monitoring of the implementation of the network codes and guidelines adopted pursuant to this regulation which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission networks and distribution networks; ### cooperate with the entsog&h on the monitoring of the implementation of the network codes and guidelines adopted pursuant to this regulation which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission networks and distribution networks;


### cooperate with the entso for gas and adopt best practices on the coordinated operation and planning of transmission and distribution systems including issues such as exchange of data between operators and coordination of distributed energy resources; ### cooperate with the entsog&h and adopt best practices on the coordinated operation and planning of transmission and distribution systems including issues such as exchange of data between operators and coordination of distributed energy resources;


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


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


### 1. until the ennoh is established in line with article 40 , the commission will set up a temporary platform involving acer and all relevant market participants , including the entso for gas , the entso for electricity and the eu dso entity and ensures its administrative support. this platform will promote work on scoping and developing issues relevant for the building up of the hydrogen network and markets. the platform will cease to exist once ennoh is established. ### 1. until the ennoh is established in line with article 40 , the commission will set up a temporary platform involving acer and all relevant market participants and particularly those sectors with the highest co2 abatement potential per tonne of hydrogen consumed , including the entso for gas , the entso for electricity and the eu dso entity and ensures its administrative support. this platform will promote work on scoping and developing issues relevant for the building up of the hydrogen network and markets. the platform will cease to exist once ennoh is established.


### adopt an annual outlook for the supply of hydrogen covering member states where hydrogen is used in electricity generation or for supplying households; ### adopt an annual outlook for the supply of hydrogen covering member states where hydrogen is used in prioritised industrial end-users having the highest co2 abatement potential per tonne of consumed hydrogen , electricity generation or for supplying households;


### identify investment gaps , notably with respect to cross-border capacities. ### identify investment gaps , notably with respect to cross-border capacities and to the needs of infrastructure for connecting sectors of prioritisation with the highest co2 abatement potential per tonne of consumed hydrogen.


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


### 5. the commission shall coordinate the action of the competent authorities at regional and union levels , pursuant to this regulation , inter alia , through the gcg or , in particular , in the event of a regional or union emergency pursuant to article 12(1) , through the crisis management group referred to in article 12(4). ### "5. the commission shall coordinate the action of the competent authorities at regional and union levels , pursuant to this regulation , inter alia , through the gcg or , in particular , in the event of a regional or union emergency pursuant to article 12(1) , through the crisis group referred to in article 4(1a)."


### 6. in the event of a regional or union emergency , the transmission system operators shall cooperate and exchange information using the reco system for gas established by entsog. entsog shall inform the commission and the competent authorities of the member states concerned accordingly. ### "6. in the event of a regional or union emergency , the transmission system operators shall cooperate and exchange information using the reco system for gas established by entsog. entsog shall inform the commission , the crisis group and the competent authorities of the member states concerned accordingly."


### 1. a gas coordination group (gcg) shall be established to facilitate the coordination of measures concerning the security of gas supply. the gcg shall be composed of representatives of the member states , in particular representatives of their competent authorities , as well as the agency for the cooperation of energy regulators (the ‘agency’) , entsog and representative bodies of the industry concerned and those of relevant customers. the commission shall , in consultation with the member states , decide on the composition of the gcg , ensuring it is fully representative. the commission shall chair the gcg. the gcg shall adopt its rules of procedure. ### "1. a gas coordination group (gcg) shall be established to facilitate the coordination of measures concerning the security of gas supply. the gcg shall be composed of representatives of the member states , in particular representatives of their competent authorities , as well as the agency for the cooperation of energy regulators (the ‘agency’) , entsog and representative bodies of the industry concerned and those of relevant customers. the commission shall , in consultation with the member states , decide on the composition of the gcg , ensuring it is fully representative. the commission shall chair the gcg. the gcg shall adopt its rules of procedure.


### 4. the competent authorities shall report regularly to the gcg on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans , in particular the regional chapters. in particular , competent authorities shall agree on a cooperation mechanism for the preparation of the preventive action plan and the emergency plan , including the exchange of draft plans. they shall report to the gcg on such agreed cooperation mechanism 16 months before the deadline for agreement of those plans and the updates of those plans. ### "4. the competent authorities shall report regularly to the gcg and the crisis group on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans , in particular the regional chapters. in particular , competent authorities shall agree on a cooperation mechanism for the preparation of the preventive action plan and the emergency plan , including the exchange of draft plans. they shall report to the gcg and the crisis group on such agreed cooperation mechanism 16 months before the deadline for agreement of those plans and the updates of those plans."


### 2. when the competent authority declares one of the crisis levels referred to in paragraph 1 , it shall immediately inform the commission as well as the competent authorities of the member states with which the member state of that competent authority is directly connected and provide them with all the necessary information , in particular with information on the action it intends to take. in the event of an emergency which may result in a call for assistance from the union and its member states , the competent authority of the member state concerned shall without delay notify the commission's emergency response coordination centre (ercc). ### "2. when the competent authority declares one of the crisis levels referred to in paragraph 1 , it shall immediately inform the commission , the crisis group , as well as the competent authorities of the member states with which the member state of that competent authority is directly connected and provide them with all the necessary information , in particular with information on the action it intends to take. in the event of an emergency which may result in a call for assistance from the union and its member states , the competent authority of the member state concerned shall without delay notify the commission's emergency response coordination centre (ercc) and the crisis group."


### 2. the commission shall convene the gcg as soon as it declares a regional or union emergency ### "2. the commission shall convene the gcg and the crisis group as soon as it declares a regional or union emergency"


### 3. in a regional or union emergency , the commission shall coordinate the action of the competent authorities , taking full account of relevant information from , and the results of , the consultation of the gcg. in particular , the commission shall: ### "3. in a regional or union emergency , the commission shall coordinate together with the crisis group the action of the competent authorities. the commission shall ensure that the gcg is informed regularly about the work undertaken by the crisis group. in particular , the commission shall:"


### 4. the commission may convene a crisis management group composed of the crisis managers referred to in point (g) of article 10(1) , of the member states concerned by the emergency. the commission , in agreement with the crisis managers , may invite other relevant stakeholders to participate. the commission shall ensure that the gcg is informed regularly about the work undertaken by the crisis management group. ### "deleted"


### 2. in the event of a regional or union emergency , the commission may request that the competent authority referred to in paragraph 1 provide it without delay with at least: ### "2. in the event of a regional or union emergency , the commission may request that the competent authority referred to in paragraph 1 provide it and the crisis group without delay with at least:"


### the commission shall analyse the assessments of the competent authorities and shall inform the member states , the european parliament and the gcg of the results of its analysis in an aggregated form. ### "the commission shall analyse the assessments of the competent authorities and shall inform the crisis group , the member states , the european parliament and the gcg of the results of its analysis in an aggregated form."


### the competent authority shall notify the data listed in point (a) of the first subparagraph to the commission in an anonymised form. in the event of new contracts being concluded or changes being made to existing contracts , the whole set of data shall be notified by the end of september of the relevant year. where the competent authority has doubts whether a given contract obtained under point (b) of the first subparagraph puts the security of gas supply of a member state or a region at risk , it shall notify the contract to the commission. ### "the competent authority shall notify the data listed in point (a) of the first subparagraph to the commission and to the crisis group in an anonymised form. in the event of new contracts being concluded or changes being made to existing contracts , the whole set of data shall be notified by the end of september of the relevant year. where the competent authority has doubts whether a given contract obtained under point (b) of the first subparagraph puts the security of gas supply of a member state or a region at risk , it shall notify the contract to the commission."


### c. whereas the accelerator mainly uses blended finance of eic loans and grants awarded through a single process and with a single decision , providing the supported innovator with a single commitment to financial resources covering the various stages of innovation until market deployment , including pre-mass commercialisation; ### c. whereas the accelerator is implemented by mainly using eic blended finance awarded through a single process and with a single decision , providing the supported innovator with a single global commitment to financial resources covering the various stages of innovation until market deployment , including pre-mass commercialisation. the support will be provided through one continuously open and bottom-up call;


### d. whereas the eic pilot and eic enhanced pilot successfully demonstrated the feasibility of the eic; ### d. whereas the eic pilot and eic enhanced pilot successfully demonstrated the feasibility of the eic as a fully-fledged programme as outlined in the general conclusions of the 2022 evaluation study published by the european commission1a


### e. whereas the eic fund under its original structure , as put in place in 2020 under the eic pilot , was functioning appropriately; ### e. whereas the eic fund under its original structure , as put in place in 2020 under the eic pilot , was functioning appropriately: 140 equity investment decisions were taken and these had a leverage of a factor 2.7 , showing that the eic fund in its original structure was capable of establishing significant co-investment;


### 4. highlights that article 216(1) of the financial regulation expressly empowers the commission to apply direct management of investments either by the commission directly (article 216(1b)) or through ‘a dedicated investment vehicle’ (article 216(1a)); stresses that this form of implementation allows for more flexibility and more strategic consideration in investment decisions and portfolio management than indirect management; rejects the notion that transferring the management of the fund to the european investment bank (eib) and an external fund manager will allow for the flexibility and strategic consideration needed to make the eic a success; ### deleted


### 6. notes with concern that under the transitional arrangement announced in the eic 2022 work programme , substantial investment decisions need to be approved by the college of commissioners and are thereby accompanied by another level of scrutiny; regards this as an unacceptable situation; ### 6. notes with concern that until the transitional arrangement announced in the eic 2022 work programme is in place , all single award decisions and all investment decisions need to be approved by the college of commissioners and are thereby accompanied by another level of scrutiny; is dismayed by the prospect that , even when the external fund manager is responsible for investment decisions , the college will still need to approve the single award decisions; regards this as an unacceptable situation because this makes the decision taking process even longer , complex and with more uncertainty for the applicants while the eic investment decisions even without this extra layer fail to meet industry standards in terms of time or agility. notes that this additional step also consolidates the direct involvement of the commission rather than creating distance from the commission in order to manage liability;


### 7. is dismayed by the delays in the implementation of the blended finance action under the eic accelerator , as a year after the first cut-off date , no equity or grant agreement had been signed; emphasises that the delays were completely and only the result of conflicts between different directorates-general of the commission about the management of the eic fund; deplores the fact that these inter-service conflicts put at risk 96 european deep tech companies; ### deleted


### 8. is deeply concerned about the apparent policy for the eic fund never to be the lead investor in an equity round , in particular in combination with the requirement for companies to bring in matching co-investment from external investors; believes this goes against the objective of the eic; ### 8. is deeply concerned about the apparent policy for the eic fund to never be the lead investor in an equity round , in particular in combination with the requirement for companies to bring in matching co-investment from external investors. believes this goes against the objective of the eic. highlights the fact that this was not the policy at the beginning of the eic pilot and that this policy change was introduced with retroactive effect to applications submitted before the policy change. is deeply concerned about the fact that this created cash flow problems for many applicants as well as to only a third of the committed equity investments actually taking place;


### 9. recognises that an external lead investor brings added value because this lead investor may have highly specialised knowledge of the market segment relevant for a specific investment , and that the eic fund , owing to its size and general nature , may not be able to match this specialised knowledge; ### 9. recognises that an external lead investor brings added value because this lead investor can have highly specialised knowledge of the market segment relevant for a specific investment and the eic fund , due to its size as well as general nature , cannot match this specialised knowledge. therefore , the specialised lead investor will be of more added value to the company’s development than the eic fund would be. further recognises that having an external lead investor guarantees that the valuation as well as other terms of investment are set by the market;


### 10. firmly rejects the notion that the eic fund cannot be the sole investor or the lead investor; emphasises that the ability to invest even when the market is not ready to do so is one of the key justifications for the existence of the eic; concludes that the investment policy of the eic fund should reflect this; ### 10. 1. firmly rejects the notion that the eic fund cannot be the sole investor or the lead investor. emphasises that the ability to invest even when the market is not ready to do so is one of the key justifications for the existence of the eic. concludes that the investment policy of the eic fund should explicitly allow for the possibility that:


### an investment strategy for equity investments based on milestones reflecting the merits of the innovation as well as the strategic objectives of the union; ### an investment strategy for equity investments based on milestones based on the merits of the innovation as well as the strategic objectives of the union rather than solely on the willingness of other investors to join the investment round;


### (2) the european green deal announced a revision of union measures to address pollution from large industrial installations , including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate , energy and circular economy policies. in addition , the zero pollution action plan , the circular economy action plan and the farm to fork strategy also call for reducing pollutant emissions at source , including sources not currently within the scope of directive 2010/75/eu of the european parliament and of the council69. addressing pollution from certain agro-industrial activities thus requires their inclusion within the scope of that directive. ### (2) the european green deal announced a revision of union measures to address pollution from large industrial installations , including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate , energy and circular economy policies. in addition , the zero pollution action plan , the circular economy action plan and the farm to fork strategy also call for reducing pollutant emissions at source , including sources not currently within the scope of directive 2010/75/eu of the european parliament and of the council69. all of these measures should be analysed in relation to current challenges , which are the result of the attempt to ensure food security and consolidate agri-food chains , the energy crisis , the effects on the post-covid internal market , and the impact of the russian aggression against ukraine , all of which have profound socio-economic consequences at eu level.


### (2) the european green deal announced a revision of union measures to address pollution from large industrial installations , including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate , energy and circular economy policies. in addition , the zero pollution action plan , the circular economy action plan and the farm to fork strategy also call for reducing pollutant emissions at source , including sources not currently within the scope of directive 2010/75/eu of the european parliament and of the council69 . addressing pollution from certain agro-industrial activities thus requires their inclusion within the scope of that directive. ### (2) the european green deal announced a revision of union measures to address pollution from large industrial installations , including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate , energy and circular economy policies. in addition , the zero pollution action plan , the circular economy action plan and the farm to fork strategy also call for reducing pollutant emissions at source , including sources not currently within the scope of directive 2010/75/eu of the european parliament and of the council69 .


### (3) the union’s extractive industry is key to achieving the aims of the european green deal and the eu industrial strategy , including its update. raw materials are of strategic importance for the digital and green transition , the energy , materials and circular economy transformation and to strengthen eu economic resilience. in order to achieve these objectives , sustainable domestic capacities need to be further developed. this requires effective , tailored and harmonised measures to ensure that the best available techniques are established and employed , thus applying processes that are both the most efficient and have the lowest possible impacts on human health and the environment . the governance mechanisms of directive 2010/75/eu that closely associate industry experts to the development of consensual and tailored environmental requirements will support the sustainable growth of those activities in the union. the development and availability of commonly agreed standards will level the union’s playing field while ensuring a high level of protection of human health and the environment. it is therefore appropriate to include those activities within the scope of directive 2010/75/eu. ### (3) the union’s extractive industry is key to achieving the aims of the european green deal and the eu industrial strategy , including its update. raw materials are of strategic importance for the digital and green transition , the energy , materials and circular economy transformation and to strengthen eu economic resilience. in order to achieve these objectives , sustainable domestic capacities need to be further developed , according to national specificities. this requires effective , tailored and harmonised measures to ensure that the best available techniques are established and employed , thus applying processes that are both the most efficient and have the lowest possible impacts on human health and the environment . the governance mechanisms of directive 2010/75/eu that closely associate industry experts to the development of consensual and tailored environmental requirements will support the sustainable growth of those activities in the union. the development and availability of commonly agreed standards will level the union’s playing field while ensuring a high level of protection of human health and the environment.


### (4) rearing of pigs , poultry and cattle cause significant pollutant emissions into the air and water. in order to reduce such pollutant emissions , including ammonia , methane , nitrates and greenhouse gas emissions and thereby improve air , water and soil quality , it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of directive 2010/75/eu and to include also cattle farming within that scope. relevant bat requirements take into consideration the nature , size , density and complexity of these installations , including the specificities of pasture based cattle rearing systems , where animals are only seasonally reared in indoor installations , and the range of environmental impacts they may have. the proportionality requirements in bats aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices. ### (4) rearing of pigs and poultry can cause pollutant emissions into the soil , the air and water that could harm the environment. member states should put measures in place to avoid these risks in their national strategic plan under the common agricultural policy (cap) , in force from 1 january 2023. in a sensitive geopolitical and economic context , to protect businesses in the agricultural sector and avoid burdening them with administrative tasks and additional costs , the current threshold for pigs and poultry should remain unchanged.


### (4) rearing of pigs , poultry and cattle cause significant pollutant emissions into the air and water. in order to reduce such pollutant emissions , including ammonia , methane , nitrates and greenhouse gas emissions and thereby improve air , water and soil quality , it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of directive 2010/75/eu and to include also cattle farming within that scope. relevant bat requirements take into consideration the nature , size , density and complexity of these installations , including the specificities of pasture based cattle rearing systems , where animals are only seasonally reared in indoor installations , and the range of environmental impacts they may have. the proportionality requirements in bats aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices. ### (4) rearing of pigs and poultry can cause pollutant emissions into the soil , air and water. member states should address that risk in their national strategic plan under the common agricultural policy (cap) , which will be in force from 1 january 2023. furthermore , the member states , via the cap , should implement measures to reduce ghg emissions from agriculture , including methane , and reduce ammonia emissions , such as from livestock and fertilizers. in addition to the targets set under the cap , directive (eu) 2016/2284 ('nec')1a sets targets to reduce emissions , including ammonia from agriculture. therefore , in order to avoid creating an administrative burden and unnecessary overlaps in the current legislative framework , the current thresholds for pigs and poultry should remain unchanged.


### (6) with a view to further strengthening public access to environmental information , it is necessary to clarify that permits for installations granted pursuant to directive 2010/75/eu are to be made available to the public on the internet , free of charge and without restricting access to registered users. a uniform summary of permits should also be made available to the public under the same conditions. ### deleted


### (6) with a view to further strengthening public access to environmental information , it is necessary to clarify that permits for installations granted pursuant to directive 2010/75/eu are to be made available to the public on the internet , free of charge and without restricting access to registered users. a uniform summary of permits should also be made available to the public under the same conditions. ### (6) with a view to further strengthening the access of the public concerned to environmental information , it is necessary to clarify that non-technical information from the installation permits granted pursuant to directive 2010/75/eu are to be made available on request to the public concerned on the internet , free of charge and without restricting access to registered users. a uniform summary of permits should also be made available to the public concerned under the same conditions.


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


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


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


### (5) in article 5 , the following paragraph (4) is added: ### deleted


### (8) in article 11 , the following points (fa) , (fb) and (fc) are inserted: ### deleted


### 1. in order to draw up , review and , where necessary , update bat reference documents , the commission shall organise an exchange of information between member states , the industries concerned , non-governmental organisations promoting environmental protection , the european chemicals agency and the commission. ### 1. in order to draw up , review and , where necessary , update bat reference documents , the commission shall organise an exchange of information between member states , the industries concerned , non-governmental organisations promoting environmental protection , the european chemicals agency and the commission. the european chemicals agency will act as an observer of the process only providing scientific technical input for updating documents and will not have a role in the decision making process’.


### without prejudice to union competition law , information considered as confidential business information or commercially sensitive information shall only be shared with the commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing member states or union agencies , and representatives of non-governmental organisations promoting the protection of human health or the environment. the exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up , review and , where necessary , update bat reference documents , and such confidential business information or sensitive commercial information shall not be used for other purposes.. ### without prejudice to union competition law , information considered as confidential business information or commercially sensitive information shall only be shared with the commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing member states or union agencies. the exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up , review and , where necessary , update bat reference documents , and such confidential business information or sensitive commercial information shall not be used for other purposes..


### (iii) the following point (aa) is inserted: ### deleted


### appropriate requirements ensuring protection of the soil , groundwater and surface water , and measures concerning the monitoring and management of waste generated by the installation;’; ### appropriate requirements ensuring protection of the soil , groundwater and surface waters , and measures concerning the monitoring and management of waste generated by the installation;’;


### the following point (ba) is inserted: ### deleted


### (vi) the following point (bb) is inserted: ### deleted


### (vii) in point (d) , the following subpoint (iii) is added: ### deleted


### (11) the following article 14a is inserted: ### deleted


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


### the competent authority shall set the strictest possible emission limit values that are consistent with the lowest emissions achievable by applying bat in the installation , and that ensure that , under normal operating conditions , emissions do not exceed the emission levels associated with the best available techniques (bat-aels) as laid down in the decisions on bat conclusions referred to in article 13(5). the emission limit values shall be based on an assessment by the operator analysing the feasibility of meeting the strictest end of the bat-ael range and demonstrating the best performance the installation can achieve by applying bat as described in bat conclusions. the emission limit values shall be set through either of the following: ### following the publication of bat conclusions referred to in article 13(5) derived under this directive , the competent authority shall set emission limit values that are achievable by applying bat in the installation , and that ensure that , under normal operating conditions , emissions do not exceed the emission levels associated with the best available techniques (bat-aels) as laid down in the decisions on bat conclusions referred to in article 13(5). the emission limit values shall be based on an assessment by the operator of the whole bat-ael range analysing the feasibility of meeting the lowest possible emission limit that the installation can achieve , under normal operating conditions , by applying bat as described in bat conclusions , while taking into account fluctuations of the performance of the best available techniques and the circumstances where the installation operates at the highest state of the emissions. the emission limit values shall be set through either of the following:


### the competent authority shall set the strictest possible emission limit values that are consistent with the lowest emissions achievable by applying bat in the installation , and that ensure that , under normal operating conditions , emissions do not exceed the emission levels associated with the best available techniques (bat-aels) as laid down in the decisions on bat conclusions referred to in article 13(5). the emission limit values shall be based on an assessment by the operator analysing the feasibility of meeting the strictest end of the bat-ael range and demonstrating the best performance the installation can achieve by applying bat as described in bat conclusions. the emission limit values shall be set through either of the following: ### the competent authority shall set the strictest possible emission limit values that are consistent with the lowest emissions achievable by applying bat in the installation , and that ensure that , under normal operating conditions , emissions do not exceed the emission levels associated with the best available techniques (bat-aels) as laid down in the decisions on bat conclusions referred to in article 13(5). the emission limit values shall be based on an assessment by the operator analysing the feasibility of meeting the strictest end of the bat-ael range and demonstrating the best performance the installation can achieve by applying bat as described in bat conclusions , while taking into account fluctuations of the performance of the best available techniques and the circumstances where the installation operates at the highest end of the emission values range. . the emission limit values shall be set through either of the following:


### 3a. the competent authority shall set environmental performance limit values that ensure that , under normal operating conditions , such performance limits values do not exceed the environmental performance levels associated with bats as laid down in the decisions on bat conclusions referred to in article 13(5). ### deleted


### 3a. the competent authority shall set environmental performance limit values that ensure that , under normal operating conditions , such performance limits values do not exceed the environmental performance levels associated with bats as laid down in the decisions on bat conclusions referred to in article 13(5). ### 3a. the competent authority shall set environmental performance limit levels that ensure that , under normal operating conditions , such performance limits values do not exceed the environmental performance levels associated with bats as laid down in the decisions on bat conclusions referred to in article 13(5).


### the commission shall by [op please insert date = the first day of the month following 24 months after the date of entry into force of this directive] adopt an implementing act establishing the measuring method for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water. this implementing act shall be adopted in accordance with the examination procedure referred to in article 75(2). ### in order to verify compliance with the requirements within the eu , a regulation in the participatory seville process is being developed according to scientific standards.


### where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques , additional measures shall be included in the permit with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area. ### deleted


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


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


### article 27c ### deleted


### emission levels associated with emerging techniques ### deleted


### by way of derogation from article 21(3) , the competent authority may set emission limit values that ensure that , within 6 years of publication of a decision on bat conclusions in accordance with article 13(5) relating to the main activity of an installation , emissions shall not , under normal operating conditions , exceed emission levels associated with emerging techniques as laid down in the decisions on bat conclusions. ### deleted


### by way of derogation from article 21(3) , the competent authority may set emission limit values that ensure that , within 6 years of publication of a decision on bat conclusions in accordance with article 13(5) relating to the main activity of an installation , emissions shall not , under normal operating conditions , exceed emission levels associated with emerging techniques as laid down in the decisions on bat conclusions. ### by way of derogation from article 15(3) and (3a) and 21(3) ,the competent authority may when an operator chooses that option , set emission limit values that ensure that , within 6 years of publication of a decision on bat conclusions in accordance with article13(5) relating to the main activity of an installation , emissions shall not , under normal operating conditions , exceed emission levels associated with emerging techniques as laid down in the decisions on bat conclusions. where the time period referred in the first paragraph has elapsed and where the operator cannot comply with the emission limit values set by way of derogation from article 15(3) , the competent authority shall ensure that within a maximum period of 4 years following the expiry of the time period referred to in the first paragraph:(a) the permit conditions for the installation concerned are reconsidered and , if necessary , updated to ensure compliance with this directive , in particular , with article15(3) and (4) , where applicable;(b) the installation complies with those permit conditions. for the time period in between the expiry of the time period referred to in the first paragraph and the reconsideration and updating of the permit conditions , the competent authority shall apply the derogation principles referred to in article 15(4).


### article 27d ### deleted


### transformation towards a clean , circular and climate neutral industry ### deleted


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


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


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


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


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


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


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


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


### 2. member states shall ensure that , as part of the public concerned , non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation. member states shall ensure that a claim for a violation leading to a damage cannot be pursued twice , by the individuals affected and by the non-governmental organisations referred to in this paragraph. ### deleted


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


### (aa) operation of cold-rolling mills with a capacity exceeding 10 tonnes of crude steel per hour; ### deleted


### (ab) operation of wire drawing machines with a capacity exceeding 2 tonnes of crude steel per hour; ### deleted


### 2.7. manufacture of lithium-ion batteries (including assembling battery cells and battery packs) , with a production capacity of 3 ,5 gwh or more per year.; ### 2.7. manufacture of lithium-ion cells (excluding assembling of battery modules and battery packs) , with a production capacity exceeding 10 gwh per year.;


### 3.5. manufacture of ceramic products by firing , in particular roofing tiles , bricks , refractory bricks , tiles , stoneware or porcelain with: ### 3.5. manufacture of ceramic products by firing , in particular roofing tiles , bricks , refractory bricks , tiles , stoneware or porcelain with a production capacity exceeding 75 tonnes per day


### a production capacity exceeding 75 tonnes per day; or ### deleted


### a kiln capacity exceeding 4 m3 and a setting density per kiln exceeding 300 kg/m3.; ### deleted


### the following point 3.6. is inserted: ### deleted


### 6.2. pre-treatment (operations such as washing , bleaching , mercerisation) , dyeing or finishing of textile fibres or textiles where the treatment capacity exceeds 10 tonnes per day.; ### 6.2. pre-treatment (operations such as washing , bleaching , mercerisation) , dyeing or dyeing with integrated finishing of textile fibres or textiles where the treatment capacity exceeds 10 tonnes per day.;


### 6.5. disposal or recycling of animal carcases or animal by-products with a treatment capacity exceeding 10 tonnes per day.. ### 6.5. disposal or recycling of animal carcases or animal by-products of category 1 within the meaning of article 8 or category 2 within the meaning of article 9 of regulation (ec) no. 1069/2009 , with the exception of liquid manure , guano , stomach and intestinal contents , milk , milk products , colostrum , eggs and egg products with a treatment capacity exceeding 10 tonnes per day..


### (12) to ensure the protection of human health and the environment as a whole , synergies and coordination with other relevant union environmental legislation are necessary , at all stages of its implementation. therefore , all relevant competent authorities that ensure compliance with relevant union environmental legislation should be duly consulted before the granting of a permit under directive 2010/75/eu. ### (12) to ensure the protection of human health and the environment as a whole , synergies and coordination with other relevant union environmental legislation are necessary , at all stages of its implementation. therefore , all relevant competent authorities that ensure compliance with relevant union environmental legislation should be duly consulted before the granting of a permit under directive 2010/75/eu , but without complicating or creating difficulties in the process of granting permits.


### (13) with a view to continuously improving the environmental performance and safety of the installation , including by preventing waste generation , optimising resource use and water reuse , and preventing or reducing risks associated with the use of hazardous substances , the operator should establish and implement an environmental management system (ems) in accordance with relevant bat conclusions , and should make it available to the public. the ems should also cover the management of risks related to the use of the hazardous substances and an analysis of the possible substitution of hazardous substances by safer alternatives. ### (13) with a view to continuously improving the environmental performance and safety of the installation , including by preventing waste generation , optimising resource use and water reuse , and preventing or reducing risks associated with the use of hazardous substances , the operator should establish and implement an environmental management system (ems) in accordance with relevant bat conclusions , and should make it available to the public on request. the ems should also cover the management of risks related to the use of the hazardous substances and an analysis of the possible substitution of hazardous substances by safer alternatives. however , the ems should maintain the integrity of confidential business information , by not publishing information classed as confidential business information or information that is sensitive from a business point of view.


### (19) environmental quality standards refer to all the requirements set out in union law , such as union legislation on air and water; which must be fulfilled at a given time by a given environment or particular part thereof. therefore it is appropriate to clarify that when granting a permit to an installation , competent authorities should not only set out conditions to ensure compliance of the installation’s operations with the best available techniques conclusions , but should also , where appropriate with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area , include specific additional conditions in the permit stricter than those set in relevant bat conclusions , so as to ensure the installation’s compliance with environmental quality standards. such conditions may consist in setting stricter emission limit values or limiting the operation or capacity of the installation. ### (19) environmental quality standards refer to all the requirements set out in union law , such as union legislation on air and water; which must be fulfilled at a given time by a given environment or particular part thereof. therefore it is appropriate to clarify that when granting a permit to an installation , competent authorities should not only set out conditions to ensure compliance of the installation’s operations with the best available techniques conclusions , but should also , where appropriate , plan to reduce the specific contribution of the installation to the pollution occurring in the relevant area , so as to ensure the installation’s compliance with environmental quality standards. at the discretion of member states , such conditions may consist in setting stricter emission limit values or limiting the operation or capacity of the installation , according to national specificities.