### (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 gases into the energy system enabling a rapid shift from fossil gas , and to allow these renewable gases - together with the implementation of the energy efficiency first principle leading to energy savings , an increased direct electrification of end-use sectors and other renewables - to play an important role towards achieving the eu’s 2030 climate objectives and net-zero emissions in 2050. the regulation should also aim to set up a regulatory framework that enables and incentivises all market participants to avoid lock-in effects in fossil gas and ensure its phase-out by 2035 in all sectors of the economy.


### (8) it is , generally , most efficient to finance infrastructure by revenues obtained from the users of that infrastructure and to avoid cross-subsidies. moreover , such cross-subsidies would , in the case of regulated assets , be incompatible with the general principle of cost-reflective tariffs. in exceptional cases , such cross-subsidies could nonetheless bring societal benefits , in particular during earlier phases of network development where booked capacity is low compared to technical capacity and uncertainty as to when future capacity demand will materialise is significant. cross-subsidies could therefore contribute to reasonable and predictable tariffs for early network users and de-risk investments for network operators. cross-subsidies could thus contribute to an investment climate supportive to the union’s , decarbonisation objectives. cross-subsidies should not be financed by network users in other member states , regardless as to whether directly or indirectly. it is thus appropriate to collect financing for cross-subsidies only from exit points to final customers within the same member state. moreover , as cross-subsidies are exceptional , it should be ensured that they are proportional , transparent , limited in time and set under regulatory supervision. ### (8) it is , generally , most efficient to finance infrastructure by revenues obtained from the users of that infrastructure and to avoid cross-subsidies. moreover , such cross-subsidies would , in the case of regulated assets , be incompatible with the general principle of cost-reflective tariffs.


### (17) in order to ensure greater transparency regarding the development of the gas transmission network in the union , the entso for gas should draw up , publish and regularly update a non-binding union -wide ten-year network development plan on the basis of a joint scenario and the interlinked model ( union -wide network development plan). viable gas transmission networks and necessary regional interconnections , relevant from a commercial or security of supply point of view , should be included in that network development plan. ### (17) in order to ensure greater transparency regarding the development , the maintenance and the decommissioning of the fossil gas transmission network in the union , the entso for gas should draw up , publish in 2024 a last non-binding union-wide ten-year network development plan , which will then be transformed into a union-wide decommissioning plan that will be regularly updated. both the 2024 union-wide ten-year network development plan as well as the followed-up decommissioning plans should be developed following a transparent process involving meaningful public consultation , and it shall be based on objective and scientific criteria. to that effect , the entso for gas should involve independent scientific bodies (such as the european scientific advisory board on climate change (esabcc) , established under regulation (eu) 2021/1119) when elaborating its plans on the basis of a joint scenario and the interlinked model (union-wide network development / decommissioning plan). the network plans should be based on the implementation of the energy efficiency first principle and a fully integrated energy system. it should contribute to the prudent and rational utilisation of natural resources , the saving of energy and the achievement of the union’s climate and energy targets , and enable the phase-out of fossil gas by 2035.


### (25) access to natural gas storage facilities and liquefied natural gas (lng) facilities is insufficient in some member states , and therefore the implementation of the existing rules needs to be improved , including as regardsin the transparency area. such improvement should take into account the potential and uptake of renewable and low-carbon gases for these facilities in the internal market. monitoring by the european regulators' group for electricity and gas concluded that the voluntary guidelines for good third-party access practice for storage system operators , agreed by all stakeholders at the madrid forum , are being insufficiently applied and therefore need to be made binding. ### deleted


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


### (38) in order to exploit the most economic locations for the production of renewable and low carbon gases , network users should benefit from discounts in capacity-based transmission tariffs. these should include a discount for injection from renewable and low carbon gases production facilities , a discount for tariffs at entry points from and exit points to storage facilities and a discount on the cross-border tariff and entry points from lng facilities. in case of a change of the value of non-cross border discounts , the regulatory authority needs to balance out the interest between networks users and network operators taking into account stable financial frameworks specifically for existing investments , in particular for renewable production facilities. where possible , indicators or conditions for changing the discount should be provided sufficiently before any decision to change the discount is taken. this discount should not affect the general tariff setting methodology , but should be provided ex-post on the relevant tariff. in order to benefit from the discount , network users should present the required information towards the transmission system operator on the basis of a certificate which would be linked to the union database. ### deleted


### (39) revenue decreases from the application of discounts shall be treated as general revenue decreases , e.g. from reduced capacity sales and need to be recovered via tariffs in a timely manner , for instance by an increase of the specific tariffs following the general rules contained in article 15 of this regulation. the commission should be empowered to change the discount levels via delegated acts to mitigate structural imbalances of revenues for transmission system operators. ### deleted


### (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 priority is the production of renewable hydrogen and it should be used in its pure form limited for hard-to-decarbonise applications in the industry and transport sectors. the blending of hydrogen into the natural gas system is a very last resort solution , 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 , if any. blending hydrogen into the natural gas system should not be used to increase the volumes transported or stored in the gas system and to prolong the lifetime of fossil gas infrastructure beyond 2035. costs of gas transmission and distribution system operators incurred by blending hydrogen into their networks should not be considered when setting and approving network tariffs. although the member states’ decision on whether to apply blending hydrogen in the national gas systems should be preserved , this regulation should promote the most efficient uses for hydrogen. in this context , there should be no blending obligation at cross-border interconnection points between union member states in order to avoid in particular financial and technical burdens for consumers due to blending challenges but also potential gas-flow disputes at cross-border points as a consequence of differing gas qualities.


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


### (69) the analysis of the functioning of the storage capacities in the regional common risk assessments should be based on objective assessments of the needs for the security of supply , duly taking into account cross-border cooperation and the solidarity obligations under this regulation. it should also take into account the importance of avoiding stranded assets in the clean energy transition and the goal of reducing the dependency of the union to external fossil fuels providers. the analysis should include an assessment of the risks linked to the control of storage infrastructure by third country entities. the analysis should take into account the possibility to use storage facilities in other member states and for transmission system operators to set up joint procurement of strategic stocks for emergency situations provided that the conditions of this regulation are respected. the regional common risk assessments and national risk assessments should be consistent with each other in order to identify the measures of the national preventive and emergency plans in compliance with this regulation ensuring that any measures taken do not harm the security of supply of other member states and do not unduly hinder the effective functioning of the gas market. for instance they should not block or restrict the use of cross-border transport capacities. ### (69) the analysis of the functioning of the storage capacities in the regional common risk assessments should be based on objective assessments of the needs for the security of supply , duly taking into account cross-border cooperation and the solidarity obligations under this regulation. it should also take into account the full potential of the energy efficiency policies and energy savings and importance of avoiding stranded assets in the clean energy transition and the goal of ending the dependency of the union to external fossil fuels providers. the analysis should include an assessment of the risks linked to direct or indirect ownership or the control of storage infrastructure by third country entities. the analysis should take into account the possibility to use storage facilities in other member states. the regional common risk assessments and national risk assessments should be consistent with each other in order to identify the measures of the national preventive and emergency plans in compliance with this regulation ensuring that any measures taken do not harm the security of supply of other member states and do not unduly hinder the effective functioning of the gas market. for instance they should not block or restrict the use of cross-border transport capacities.


### (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. ### deleted


### (72) the european energy sector is undergoing an important change towards a decarbonised economy , while ensuring security of supply and competitiveness. while cybersecurity in the electricity sub-sector is already advancing with a network code on cross-border electricity flow , sector-specific mandatory rules for the gas sub-sector are needed to ensure security of the european energy system. ### (72) the european energy sector is undergoing an important change towards a highly efficient and fully renewable economy , while ensuring security of supply and competitiveness. while cybersecurity in the electricity sub-sector is already advancing with a network code on cross-border electricity flow , sector-specific mandatory rules for the gas sub-sector are needed to ensure security of the european energy system.


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


### 8 market assessment for renewable and low carbon gases by lng and storage system operators ### 8 market assessment for renewable gases by lng and storage system operators


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


### tariffs , or the methodologies used to calculate them , shall facilitate efficient gas trade and competition , while at the same time avoiding cross-subsidies between network users and providing incentives for investment and maintaining or creating interoperability for transmission networks. ### tariffs , or the methodologies used to calculate them , shall facilitate efficient gas trade and competition , while at the same time avoiding cross-subsidies between network users and providing incentives for investment and maintaining or creating interoperability for transmission networks. they shall avoid creating incentives for the practice of blending hydrogen into the natural gas system for the purpose of increasing the volumes of gases transported or stored in the natural gas system and/or to prolong the lifetime of natural gas infrastructure beyond 2035. costs of gas transmission and distribution system operators incurred by blending hydrogen into their networks should not be considered when setting and approving network tariffs.


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


### article 20 ### deleted


### 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 fossil gas 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 , functioning , including maintenance , replacement and decommissioning of the relevant infrastructures by 2035 at the latest , of the internal market in fossil gas and cross-border trade and to ensure the optimal management , coordinated operation and sound technical evolution of the natural gas transmission network.


### 3. the entso for gas shall adopt: ### 3. the entso for gas shall publish:


### a non-binding union -wide ten-year network development plan ( union -wide network development plan) , including a european supply adequacy outlook , every two years; ### by 31 december 2024 at the latest , a non-binding union-wide ten-year network development plan (union-wide network development plan) , including a european supply adequacy outlook , in line with the phase out of union fossil gas consumption and the decommissioning of related infrastructure assets by 2035 at the latest as laid down in article [3a];


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


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


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


### the union-wide network development plan referred to in paragraph 3 , point (b) , shall include the modelling of the integrated network , including hydrogen networks , scenario development , a european supply adequacy outlook and an assessment of the resilience of the system. ### the union-wide network development plan referred to in paragraph 3 , point (b) , may include the modelling of the integrated network , including hydrogen networks , scenario development , a european supply adequacy outlook and an assessment of the resilience of the energy system in line with the net-zero greenhouse gas emissions target of the union. this plan shall be in line with the net-zero greenhouse gases emissions target of the union and with article 29.


### 1. while preparing the network codes , the draft union -wide network development plan and the annual work programme referred to in article 23(1) , (2) and (3) , the entso for gas shall conduct an extensive consultation process , at an early stage and in an open and transparent manner , involving all relevant market participants , and , in particular , the organisations representing all stakeholders , in accordance with the rules of procedure referred to in article 22(1). that consultation shall also involve regulatory authorities and other national authorities , supply and production undertakings , network users including customers , distribution system operators , including relevant industry associations , technical bodies and stakeholder platforms. it shall aim at identifying the views and proposals of all relevant parties during the decision-making process. ### 1. 1. while preparing any of the documents referred to in articles 22 and 23 , including the network codes , the draft union-wide network development plan , the union-wide network decommissioning plan and the annual work programme , the entso for gas shall conduct an extensive consultation process , at an early stage and in an open and transparent manner , involving all relevant stakeholders , and , in particular , the organisations representing all stakeholders , in accordance with the rules of procedure referred to in article 22(1). that consultation shall also involve national regulatory authorities and other national authorities , supply and production undertakings , network users including customers , distribution system operators , including relevant industry associations , technical bodies , civil society (including environmental , trade unions and consumer non-governmental organisations) and stakeholder platforms. the entso for gas shall always publish drafts of the documents referred to in articles 22 and 23 for comment by the stakeholders and provide sufficient time for the stakeholders to effectively participate. it shall aim at identifying the views and proposals of all relevant parties during the decision-making process.


### 3. before adopting the annual work programme and the network codes referred to in article 23 (1) , (2) and (3) , the entso for gas shall indicate how the observations received during the consultation have been taken into consideration. it shall provide reasons where observations have not been taken into account. ### 3. before adopting any of the documents referred to in articles 22 and 23 , the entso for gas shall indicate how the observations received during the consultation have been taken into consideration. it shall provide reasons where observations have not been taken into account.


### 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. ### by 31 december 2024 , the entso for gas shall publish and submit to acer and esabcc a draft union-wide network development plan referred to in article 23 paragraph 3 , point (b). acer and esabcc shall assess compliance of the draft union-wide network development plan with the guidelines referred to in regulation (eu) 2022/869 , article 12 , within three months of its submission. the commission , taking into account the assessment by acer and esabcc shall adopt the plan within three months or task the entso for gas to amend it.


### identify investment gaps , notably with respect to cross-border capacities. ### identify investment gaps , in particular for demand-side solutions and other interventions which do not require network investment , in each case supported by a cost-benefit analysis consistent with the methodologies set forth in article 11 of regulation eu 2022/869;


### where distribution system operators are responsible for gas quality management in their networks , they shall make public detailed information regarding the quality of the gases transported in their networks , which might affect network users , based on articles 16 and 17 of commission regulation (eu) 2015/703. ### 1. where distribution system operators are responsible for gas quality management in their networks , they shall make public detailed information regarding the quality of the gases transported in their networks , which might affect network users , based on articles 16 and 17 of commission regulation (eu) 2015/703.


### 1. hydrogen network operators shall cooperate at union level through the european network of network operators for hydrogen (ennoh) , in order to promote the development and functioning of the internal market in hydrogen and cross-border trade and to ensure the optimal management , coordinated operation and sound technical evolution of the european hydrogen network. ### 1. hydrogen network operators shall cooperate at union level through the european network of network operators for hydrogen (ennoh) , in order to promote the development and functioning of the internal market in hydrogen and cross-border trade and to ensure the optimal management , coordinated operation and sound technical evolution of the european hydrogen network , as well as to ensure that hydrogen network planning and operation is compatible with the union’s climate targets set by regulation (eu) 2021/1119 and the energy efficiency targets in the [recast energy efficiency directive as proposed in com/2021/558].


### 2. in performing its functions under union law , the ennoh shall act with a view to establishing a well-functioning and integrated internal market for hydrogen and shall contribute to the efficient and sustainable achievement of the objectives set out in the policy framework for climate and energy , in particular by contributing to the efficient integration of hydrogen produced from renewable energy sources and to increases in energy efficiency while maintaining system security. the ennoh shall be equipped with adequate human and financial resources to carry out its duties. ### 2. in performing its functions under union law , the ennoh shall act with a view to establishing a well-functioning and integrated energy system , including internal market for hydrogen and shall contribute to the efficient and sustainable achievement of the objectives set out in the policy framework for climate and energy , in particular by contributing to the efficient integration of hydrogen produced from renewable energy sources and to increases in energy efficiency while maintaining system security. the ennoh shall be equipped with adequate human and financial resources to carry out its duties.


### 3. by 1 september 2024 , the hydrogen network operators shall submit to the commission and to acer the draft statutes , a list of members and draft rules of procedure , including the rules of procedures on the consultation of stakeholders , of the ennoh to be established. ### 3. by 1 september 2024 , the hydrogen network operators shall submit to the commission and to acer the draft statutes , a list of members and draft rules of procedure , including the rules of procedures on the consultation of stakeholders , of the ennoh to be established. the board of the ennoh shall include at least one representative of the esabcc.


### 4. the hydrogen network operators shall submit to the commission and to acer any draft amendments to the statutes , list of members or rules of procedure of the ennoh. ### 4. once the ennoh is established , the hydrogen network operators shall publish and submit to the commission and to acer any draft amendments to the statutes , list of members or rules of procedure of the ennoh.


### 5. within four months of receipt of the drafts and the draft amendments to the statutes , list of members or rules of procedure , acer , after consulting the organisations representing all stakeholders , in particular the system users , including customers , shall provide an opinion to the commission on these drafts or draft amendments to the statutes , list of members or rules of procedure. ### 5. within four months of receipt of the drafts and the draft amendments to the statutes , list of members or rules of procedure , acer , after consulting the public and the stakeholders referred to in article 45 , paragraph 1 , organisations representing all stakeholders , in particular the system users , including customers , shall publish and provide an opinion to the commission on these drafts or draft amendments to the statutes , list of members or rules of procedure.


### 6. the commission shall deliver an opinion on the drafts and draft amendments to the statutes , list of members or rules of procedure taking into account acer’s opinion as provided for in paragraph 5 and within three months of receipt of acer’s opinion. ### 6. the commission shall publish and deliver an opinion on the drafts and draft amendments to the statutes , list of members or rules of procedure taking into account acer’s opinion as provided for in paragraph 5 and within three months of receipt of acer’s opinion.


### transition to the ennoh ### transition to the ennoh and permanent platform


### 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. the commission shall set up a permanent platform involving acer , the esabcc and all relevant market participants , including at least the entso for gas , the entso for electricity , the ennoh , the eu dso entity and other relevant stakeholders , including organisations involved in energy efficiency and energy savings solutions and building renovation , energy communities , local authorities , trade unions and civil society organisations.


### 2. until the ennoh is established , the entso for gas will be responsible for the development of union-wide network development plans for gas and hydrogen networks. in carrying out this task entso for gas shall ensure the effective consultation and inclusion of all market participants , including hydrogen market participants. ### 2. until the ennoh is established in line with article 40 , the platform referred to in paragraph 1 shall be responsible for the development of union-wide network development plans for gas and hydrogen networks. after the ennoh is established , it will become a member of this platform. the platform shall accompany the development of an integrated energy (electricity , gas and hydrogen) network plan in line with the union net-zero climate target , in an advisory capacity thereafter.


### develop network codes in the areas set out in article 54 with a view to achieving the objectives set out in article 40; ### develop network codes in the areas set out in article 54 with a view to achieving the objectives set out in article 40 and a climate impact assessment covering the lifecycle of the proposed infrastructure;


### 1. the union-wide ten-year network development plan referred to in article 42 shall include the modelling of the integrated network , scenario development and an assessment of the resilience of the system. . ### 1. the union-wide ten-year network development plan referred to in article 42 shall include the modelling of the integrated network , scenario development and an assessment of the resilience of the system and a climate impact assessment covering the lifecycle of the proposed infrastructure.


### 3. when developing the union-wide ten-year network development plan as referred to in article 42 , the ennoh shall cooperate with the entso for electricity and with the entso for gas , in particular on the development of the energy system wide cost-benefit analysis and the interlinked energy market and network model including electricity , gas and hydrogen transport infrastructure as well as storage , lng and hydrogen terminals and electrolysers referred to in article 11 [ten-e revision] , the scenarios for the ten-year network development plans referred to in article 12 [ten-e revision] and the infrastructure gaps identification referred to in article 13 [ten-e revision]. ### 3. when developing the union-wide ten-year network development plan as referred to in article 42 , the ennoh shall cooperate with the platform referred to in article 41 , in particular on the development of the energy system wide cost-benefit analysis and the interlinked energy market and network model including electricity , gas and hydrogen transport infrastructure as well as storage , the union’s climate and energy efficiency objectives , lng and hydrogen terminals and electrolysers referred to in article 11 [ten-e revision] , the scenarios for the ten-year network development plans referred to in article 12 [ten-e revision]and the infrastructure gaps identification referred to in article 13 [ten-e revision].


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


### this regulation establishes provisions aiming to safeguard the security of gas supply in the union by ensuring the proper and continuous functioning of the internal market in natural gas and renewable and low carbon gases (‘gas’) , by allowing for exceptional measures to be implemented when the market can no longer deliver the gas supplies required , including solidarity measure of a last resort , and by providing for the clear definition and attribution of responsibilities among natural gas undertakings , the member states and the union regarding both preventive action and the reaction to concrete disruptions of gas supply.; ### this regulation establishes provisions aiming to safeguard the security of gas supply in the union by ensuring the proper and continuous functioning of the internal market in fossil and renewable gases (‘gas’) , by allowing for exceptional measures to be implemented when the market can no longer deliver the gas supplies required , including solidarity measure of a last resort , and by providing for the clear definition and attribution of responsibilities among fossil gas undertakings , the member states and the union regarding both preventive action and the reaction to concrete disruptions of gas supply;


### 1. the simulation shall include the identification and assessment of emergency gas supply corridors and shall also identify which member states can address identified risks , including in relation to storage and lng. ### 1. the simulation shall include the identification and assessment of emergency gas supply corridors and shall also identify which member states can address identified risks , including in relation to storage and lng. the simulation shall also include scenarios examining ways to decrease the gas demand through energy savings and energy efficiency measures in order to lower the identified risks.


### member states shall take appropriate preventive and emergency measures. these measures have to take into account the results of the most recent union wide simulation of disruption scenarios foreseen in article 7 and need to be appropriate to address the risks identified in the common and national risk assessments. ### member states shall take appropriate preventive and emergency measures , including energy savings and energy efficiency measures. these measures have to take into account the results of the most recent union wide simulation of disruption scenarios foreseen in article 7 and need to be appropriate to address the risks identified in the common and national risk assessments.


### 1. member states shall ensure the use of the existing infrastructure at national and regional level , for the benefit of the security of supply in an efficient way. in particular , member states shall enable the cross border exchange of gas and cross border access to storage and lng. ### 1. member states shall ensure the use of the existing infrastructure at national and regional level , for the benefit of the security of supply in an efficient way. in particular , member states shall enable the cross border exchange of gas and cross border access to storage and lng. when ensuring the use of existing infrastructure , member states shall apply the energy efficiency first principle pursuant to [article 3 energy efficiency directive recast] , and ensure more efficient conversion , transmission and distribution and storage of gas , whilst still achieving the objectives this regulation.


### 2. the common risk assessments and any subsequent updates shall include an analysis of the adequacy of the capacity of storage facilities available in the region , on the functioning of the storage capacities and their contribution to security of supply of the union , including risks related to control of storage infrastructure relevant for the security of gas supply by third-country entities. this analysis shall compare the role of gas storages with alternative measures such as investments in energy efficiency and renewables. ### 2. the common risk assessments and any subsequent updates shall include an analysis of the adequacy of the capacity of storage facilities available in the region , on the functioning of the storage capacities and their contribution to security of supply of the union , including risks related to the direct or indirect ownership or control of storage infrastructure relevant for the security of gas supply by third-country entities. the common risk assessments and any subsequent updates shall identify energy savings and energy efficiency measures , including an implementation plan for these measures , to lower the risk for security of supply and to lower the need to extend the capacity of existing gas networks , gas infrastructure or gas storage infrastructure. this analysis shall compare the role of gas storages with alternative measures such as investments in energy efficiency and renewables. when comparing the role of gas storages with alternative measures such as energy savings , investments in energy efficiency , before taking or approving any investment decision into the refurbishment or development of gas infrastructure (incl. gas storages) , member states need to provide evidence that the refurbishment or development of infrastructure is more efficient than implementing energy savings and energy efficiency measures. the evidence shall be based on cost-benefit methodologies that allow proper assessment of wider benefits of energy efficiency solutions from the societal perspective , taking also into account the risk of stranded investments.


### such measures shall be subject to consultation in the relevant risk group , in particular on how the measures address the risks identified in the common risk assessment. ### such measures shall be applied to any storage facility , including storage sites controlled by third-country entities , and be subject to consultation in the relevant risk group , in particular on how the measures address the risks identified in the common risk assessment.


### article 7d ### deleted


### joint procurement for strategic stocks ### deleted


### 1. member states may set up a mechanism for the joint procurement of strategic stocks by transmission system operators as part of the preventive measures to ensure security of supply. ### deleted


### 2. the participating member states shall notify their intention to establish such mechanism to the commission. the notification shall include the information necessary to assess the compliance with this regulation , such as the volume of gas to be purchased , the duration of the measure , the participating transmission system operators , the governance arrangements , the operating procedures and conditions for activation in an emergency situation. it shall also specify the costs and benefits expected. ### deleted


### 3. the commission may issue an opinion within a time limit of three months as to the compliance of the envisaged mechanism with this regulation . the commission shall inform the gas coordination group of the notification received and if appropriate acer. the participating member states shall take the commission opinion in the utmost account. ### deleted


### article 7e ### deleted


### report on storage and joint procurement for strategic stocks ### deleted


### the commission shall issue a report three years after the entry into force of this regulation on the application of articles 7b , articles 7c and article 7d and on the experience , benefits , costs , and any obstacles encountered in the use of the possibility of joint procurement for strategic stocks. ### deleted


### (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 . addressing pollution and ghg emissions from certain agro-industrial activities thus requires their inclusion within the scope of that directive as well as further action set out in national transformation plans for the livestock sector.


### (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 , 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. member states should present transformation plans for their livestock sector , containing information on how the sector will be transformed in order to contribute to the emergence of a sustainable , clean , circular and climate-neutral economy by 2050


### (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) intensive 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 intensive cattle farming not based on grazing systems within that scope. relevant bat requirements take into consideration the nature , size , density and complexity of these installations , including the specificities of open space housing systems as well as 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.


### (9) in order to foster energy efficiency of installations within the scope of directive 2010/75/eu which are carrying out activities listed in annex i to directive 2003/87/ec , it is appropriate to submit those installations to energy efficiency requirements in respect of combustion units or other units emitting carbon dioxide on the site. ### (9) in order to foster energy efficiency of installations within the scope of directive 2010/75/eu which are carrying out activities listed in annex i to directive 2003/87/ec , it is appropriate to submit those installations to energy efficiency requirements in respect of combustion units or other units emitting carbon dioxide or other greenhouse gases on the site. similarly , emission limits for greenhouse gases should be set , where necessary in order to achieve climate neutrality by 2050 at the latest.


### (16) the contribution of directive 2010/75/eu to resource and energy efficiency and circular economy in the union should be made more effective , taking into consideration the ‘energy efficiency first’ as a guiding principle of the union energy policy. therefore , the permits should establish , where possible , mandatory environmental performance limit values on consumption and resource efficiency levels , including on the use of water , energy and recycled materials , based on the environmental performance levels associated with the best available techniques (bat aepls) set out in decisions on bat conclusions. ### (16) the contribution of directive 2010/75/eu to resource and energy efficiency and circular economy in the union should be made more effective , taking into consideration the ‘energy efficiency first’ as a guiding principle of the union energy policy. therefore , the permits should establish , where possible , mandatory environmental performance limit values on consumption and resource efficiency levels , including on the use of water , energy and recycled materials , based on the environmental performance levels associated with the best available techniques (bat aepls) set out in decisions on bat conclusions. where those environmental performance levels are expressed in a range of values , competent authorities should be required to set in permits the lowest possible emission limit values which reflect the performance of bat for the specific installations , taking into consideration the whole range of bat-aels and aiming at the best environmental performance possible for the installations;


### (25) achieving union objectives regarding a clean , circular and climate neutral economy by 2050 calls for a deep transformation of the union economy. consistently with the 8th environmental action programme , operators of installations covered by directive 2010/75/eu should therefore be required to include transformation plans in their environmental management systems. such transformation plans will also complement the corporate sustainability reporting requirements under directive 2013/34/eu of the european parliament and of the council75 by providing a means for concrete implementation of these requirements at installation level. the first priority is the transformation of energy-intensive activities listed in annex i. therefore , the operators of energy-intensive installations should produce transformation plans by 30 june 2030. operators of installations carrying out other activities listed in annex i should be required to produce transformation plans as part of the permit reconsideration and update following the publication of decisions on bat conclusions published after 1 january 2030. whilst the transformation plans should remain indicative documents prepared under the responsibility of the operators , the audit organisation contracted by the operators as part of their environmental management systems should check that they contain the minimum information to be set by the european commission in an implementing act , and the operators should make the transformation plans public. ### (25) achieving union objectives regarding a clean , circular and climate neutral economy by 2050 calls for a deep transformation of the union economy. consistently with the 8th environmental action programme , operators of installations covered by directive 2010/75/eu should therefore be required to include transformation plans in their environmental management systems. such transformation plans will also complement the corporate sustainability reporting requirements under directive 2013/34/eu of the european parliament and of the council75 by providing a means for concrete implementation of these requirements at installation level. therefore , the operators of activities listed in annex i should produce transformation plans by 30 june 2027. after this date , competent authorities should be required to check that permits contain transformation plans in line with union environmental and climate objectives transformation plans should be regularly reviewed and updated in order to follow technological progress. the audit organisation contracted by the operators as part of their environmental management systems should check that they contain the minimum information to beset according to this directive and set by the european commission in a delegated act , and the operators should make the transformation plans as well as the progress in their fulfilment publicly accessible and easy to find.


### 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 emission limit values that are consistent with the lowest emissions achievable by applying the most effective 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 technical non-feasibility of meeting the strictest end of the bat-ael range and demonstrating the best performance the installation can achieve by applying the most effective bat as described in bat conclusions. 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). ### 3a. the competent authority shall set the strictest environmental performance limit values that are consistent with the best performance achievable by applying the most effective bat in the installation , and 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 environmental performance limit values shall be based on an assessment by the operator analysing the technical non-feasibility of meeting the strictest end of the bat-aepl range and demonstrating the best performance the installation can achieve by applying most effective bat(s) as described in bat conclusions


### non-governmental organisations promoting environmental protection; ### non-governmental organisations promoting the protection of human health or the environment;


### without prejudice to article 18 , the competent authority may grant temporary derogations from the requirements set out in article 15(2) and (3) and from the principles set out in article 11 , points (a) and (b) , for the testing of emerging techniques for a total period of time not exceeding 24 months. ### without prejudice to article 18 , the competent authority may grant temporary derogations from the requirements set out in article 15(2) and (3) and from the principles set out in article 11 , points (a) and (b) , for the testing of emerging techniques for a total period of time not exceeding 12 months.


### transformation towards a clean , circular and climate neutral industry ### transformation towards a clean , non-toxic , circular and climate neutral industry


### member states shall require that by 30 june 2030 the operator includes in its environmental management system referred to in article 14a a transformation plan for each installation carrying out any activity listed in points 1 , 2 , 3 , 4 , 6.1 a , and 6.1 b of annex i. the transformation plan shall contain information on how the installation will transform itself during the 2030-2050 period in order to contribute to the emergence of a sustainable , clean , circular and climate-neutral economy by 2050 , using the format referred to in paragraph 4. ### member states shall require that by 30 june 2027the 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. 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 , non-toxic , circular and climate-neutral economy by 2050 , using the format referred to in paragraph 4.


### 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. ### member states shall take the necessary measures to ensure that by 31 december 2028 , 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.


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


### 4. the commission shall by 30 june 2028 , adopt an implementing act establishing the format for the transformation plans. this implementing act shall be adopted in accordance with the examination procedure referred to in article 75(2).. ### 4. the commission shall by 31 december 2025 , adopt a delegated act accordance with article 76 to supplement this directive by establishing mandatory sector specific transformation indicators to be included and the format for the transformation plans.


### (5) the communication from the commission of 19 february 2020 entitled ‘a european strategy for data’ outlines europe’s strategy for policy measures and investments to enable the data economy for the coming five years. it emphasises the creation of european public common data spaces that will boost growth and create value. support to the creation of such common european data spaces and federated , secure cloud infrastructures would ensure that more data becomes available for use in the economy and society , while keeping companies and individuals who generate the data in control. high performance computing and quantum computing are essential components of the seamless provision of computing resources with different performance characteristics required to maximize the growth and exploitation of european public common data spaces and federated , secure cloud infrastructures for public , industrial and scientific applications. ### (5) the communication from the commission of 19 february 2020 entitled ‘a european strategy for data’ outlines europe’s strategy for policy measures and investments to enable the data economy for the coming five years. it emphasises the creation of european public common data spaces that will support the targets of the green deal . support to the creation of such common european data spaces and federated , secure cloud infrastructures would ensure that more data becomes available for use in the economy and society , while keeping companies and individuals who generate the data in control. the new framework and infrastructure can contribute to growth by increasing competition in oligopolistic markets in the union as long as cloud infrastructures are based on the principles of trust , openness , security , interoperability and portability; data portability principles should overcome , to the extent necessary , differences in it providers’ infrastructures and practices to ensure that users’ data is ported effectively; high performance computing and quantum computing are essential components of the seamless provision of computing resources with different performance characteristics required to maximize the growth and exploitation of european public common data spaces and federated , secure cloud infrastructures for public , industrial and scientific applications.


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


### (9) europe’s leading role in the data economy , its scientific excellence , and its industrial strength increasingly depend on its ability to develop key high performance computing technologies , as well as to provide access to world-class supercomputing and data infrastructures , and to maintain its present leadership in high performance computing applications. high performance computing is a mainstream technology for the digital transformation of the european economy , enabling many traditional industrial sectors to innovate with higher value products and services. in combination with other advanced digital technologies such as artificial intelligence , big data and cloud technologies , high performance computing is paving the way towards innovative societal and industrial applications in critical areas for europe such as personalised medicine , weather forecast and climate change , smart and green development and transport , new materials for clean energy , drug design and virtual testing , sustainable agriculture , or engineering and manufacturing. ### (9) europe’s leading role in the data economy , its scientific excellence , and its industrial strength increasingly depend on its ability to develop key high performance computing technologies , as well as to provide access to world-class supercomputing and data infrastructures , and to maintain its present leadership in high performance computing applications. high performance computing could be a mainstream technology for the digital transformation of the european economy , and it has the potential to enable many traditional industrial sectors to innovate with higher value products and services. in combination with other advanced digital technologies such as artificial intelligence , big data and cloud technologies , when deployed and used in a human centric and ethical way , high performance computing is paving the way towards innovative societal and industrial applications in critical areas for europe such as weather forecast and climate change , smart and green development and transport , materials research , drug design and virtual testing , sustainable agriculture , or engineering and manufacturing.


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


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


### (15) in order for the union and its member states to reach technological autonomy in key digital technologies such as high performance computing and quantum computing , they should invest in next generation low-power supercomputing technologies , innovative software and advanced supercomputing systems for exascale and post-exascale computing and quantum computing , and for innovative supercomputing and data applications for medicine , the environment , manufacturing and engineering. this should allow the european supply industry to thrive in a wide range of key technology and application areas that reach beyond high performance computing and quantum computing and , in the long run , feed broader ict markets with such technologies. it would also support the high performance computing and quantum computing science and user industry to undergo a digital transformation and boost its innovation potential. ### (15) in order for the union and its member states to reach technological autonomy in key digital technologies such as high performance computing and quantum computing , they should invest in and develop next generation low-power and energy and resource efficient supercomputing technologies , innovative software and advanced supercomputing systems for exascale and post-exascale computing and quantum computing , and for innovative supercomputing and data applications for medicine , the environment , manufacturing and engineering. this should allow the european supply industry to thrive in a wide range of key technology and application areas that reach beyond high performance computing and quantum computing and , in the long run , feed broader ict markets with such technologies. it would also support the high performance computing and quantum computing science and user industry to undergo a digital transformation and boost its innovation potential.


### (16) pursuing a common strategic eu vision in high performance computing and quantum computing is essential for realising the union’s and its member states’ ambition to ensure a leading role and strategic autonomy in the digital economy. the objective would be to establish in europe a world leading hyper-connected , federated and secure high performance computing and quantum computing service and data infrastructure ecosystem , and be in a position to produce innovative and competitive high performance computing and quantum computing systems based on a supply chain that will ensure components , technologies and knowledge limiting the risk of disruptions. ### (16) pursuing a common strategic eu vision in high performance computing and quantum computing is essential for realising the union’s and its member states’ ambition to ensure a leading role and strategic autonomy in the digital economy. the objective would be to establish in europe a world leading hyper-connected , federated and secure high performance computing and quantum computing service and data infrastructure ecosystem , and be in a position to produce innovative and competitive high performance computing and quantum computing systems based on a responsible supply chain that will ensure components , technologies and knowledge limiting the risk of disruptions while protecting the people and the environment.


### (17) a joint undertaking represents the best instrument capable to implement the strategic eu vision in high performance computing and quantum computing , ensuring that the union enjoys world-class supercomputing , quantum computing and data capabilities according to its economic potential , matching the needs of european users , and with the required strategic autonomy in critical high performance computing and quantum computing technologies. the joint undertaking is the best instrument to overcome the present limitations , as described in the staff working document accompanying this regulation , while offering the highest economic , societal , and environmental impact and best safeguarding the union’s interests in high performance computing and quantum computing. it can pool resources from the union , the member states and countries associated to horizon europe and the digital europe programme or the connecting europe facility and the private sector. it can implement a procurement framework and operate world-class high performance computing and quantum computing systems. it can launch research and innovation programmes for developing european technologies and their subsequent integration in world-class supercomputing systems. ### (17) a joint undertaking represents the best instrument capable to implement the strategic eu vision in high performance computing and quantum computing , ensuring that the union enjoys world-class supercomputing , quantum computing and data capabilities according to its economic potential , matching the needs of european users , and with the required strategic autonomy in critical high performance computing and quantum computing technologies. the joint undertaking one of the instruments that contribute to overcoming the present limitations , as described in the staff working document accompanying this regulation , while offering a high economic , societal , and environmental impact and safeguarding the union’s interests in high performance computing and quantum computing when properly funded , developed and implemented. it can pool resources from the union , the member states and countries associated to horizon europe and the digital europe programme or the connecting europe facility and the private sector. it can implement a procurement framework and operate world-class high performance computing and quantum computing systems. it can launch research and innovation programmes for developing european technologies and their subsequent integration in world-class supercomputing systems.


### (18) the eurohpc joint undertaking is part of the institutionalised partnerships portfolio under horizon europe which should strive to strengthen eu scientific capacities to deal with emerging threats and future challenges in a reinforced european research area; secure sustainability-driven eu value chains and eu strategic autonomy in key technologies and industries; and enhance the uptake of innovative solutions addressing climate , environmental , health and other global societal challenges in line with union strategic priorities , including to reach climate neutrality in the union in 2050. ### (18) the eurohpc joint undertaking is part of the institutionalised partnerships portfolio under horizon europe which should strive to strengthen eu civilian scientific capacities to deal with emerging threats and future challenges in a reinforced european research area; secure environmental targets and sustainability-driven eu value chains and eu strategic autonomy in key technologies and industries; and enhance the uptake of innovative solutions addressing climate , environmental , health and other global societal challenges in line with union strategic priorities , including to reach climate neutrality in the union in 2050.


### (20) the public-private partnership in the form of the joint undertaking should combine the financial and technical means that are essential to master the complexity of the ever escalating pace of innovation in this area. therefore , the members of the joint undertaking should be the union , member states and countries associated to horizon europe , the digital europe programme or the connecting europe facility agreeing on a joint european initiative in high performance computing and quantum computing; and associations representing their constituent entities and other organisations with an explicit and active engagement to produce research and innovation results , to develop and deploy high performance computing or quantum computing capabilities , or contributing to address the skills gap and keep the know-how in the field of high performance computing and quantum computing in europe. the joint undertaking should be open to new members. ### (20) the public-private partnership in the form of the joint undertaking should combine the financial and technical means that are essential to master the complexity of the ever escalating pace of innovation in this area. therefore , the members of the joint undertaking should be the union , member states and countries associated to horizon europe , the digital europe programme or the connecting europe facility agreeing on a joint european initiative in high performance computing and quantum computing; and associations representing their constituent entities and other organisations with an explicit and active commitment to produce research and innovation results , to develop and deploy high performance computing or quantum computing capabilities , or contributing to address the skills gap and keep the know-how in the field of high performance computing and quantum computing in europe. the joint undertaking should be open to new members.


### (26) the joint undertaking should contribute to reducing the specific skills gap across the union by engaging in awareness raising measures and assisting in the building of new knowledge and human capital. ### (26) the joint undertaking should contribute to reducing the specific skills and gender gap across the union by engaging in awareness raising measures and assisting in the building of new knowledge and human capital while preventing all kinds of biases , especially gender and racial biases from being introduced in the algorithms , products or conclusions resulting from its work , and encourage women participation in stem.


### (31) in order to achieve its objectives to increase the innovation potential of industry , and in particular of smes , to contribute to reducing the specific skills gap , to support the increase of knowledge and human capital and to upraise high performance computing and quantum computing capabilities , the joint undertaking should support the creation , and in particular the networking and coordination of national high performance computing competence centres across the union. these competence centres should provide high performance computing and quantum computing services to industry , academia and public administrations on their demand. they should primarily promote and enable access to the high performance computing innovation ecosystem , facilitate access to the supercomputers and quantum computers , address the significant shortages in skilled technical experts by undertaking awareness raising , training and outreach activities , and embark on networking activities with stakeholders and other competence centres to foster wider innovations , for example by exchanging and promoting best practice use cases or application experiences , by sharing their training facilities and experiences , by facilitating the co-development and exchange of parallel codes , or by supporting the sharing of innovative applications and tools for public and private users , in particular smes. ### (31) in order to achieve its objectives to increase the innovation potential of industry , and in particular of smes , to contribute to reducing the specific skills gap , to support the increase of knowledge and human capital and to upraise high performance computing and quantum computing capabilities , the joint undertaking should support the creation , and in particular the networking and coordination of national high performance computing competence centres across the union. these competence centres should provide high performance computing and quantum computing services to industry , academia and public administrations on their demand and provide a possibility for individuals and non-governmental organisation to use the computing powers for socially and environmentally beneficial goals. they should primarily promote and enable access to the high performance computing innovation ecosystem , facilitate access to the supercomputers and quantum computers , address the significant shortages in skilled technical experts by undertaking awareness raising , training and outreach activities , and embark on networking activities with stakeholders and other competence centres to foster wider innovations , for example by exchanging and promoting best practice use cases or application experiences , by sharing their training facilities and experiences , by facilitating the co-development and exchange of parallel codes , or by supporting the sharing of innovative applications and tools for public and private users , in particular smes. in order to avoid duplication , synergies and coordination should be ensured with other similar structures , such as the digital innovation hubs.


### (33) the joint undertaking should hyper-connect all the supercomputers and data infrastructures it will own or co-own with state-of-the-art networking technologies , making them widely accessible across the union , and should interconnect and federate its supercomputing and quantum computing data infrastructure , as well as national , regional and other computing infrastructures with a common platform. the joint undertaking should also ensure the interconnection of the federated , secure supercomputing , and quantum computing service and data infrastructures with the common european data spaces and federated , secure cloud infrastructures announced in the communication from the commission of 19 february 2020 on ‘a european strategy for data’ , for seamless service provisioning to a wide range of public and private users across europe. ### (33) the joint undertaking should hyper-connect all the supercomputers and data infrastructures it will own or co-own with state-of-the-art networking technologies , making them widely accessible across the union , and should interconnect and federate its supercomputing and quantum computing data infrastructure , as well as national , regional and other computing infrastructures with a common platform. the joint undertaking should also ensure the interconnection of the federated , secure supercomputing , and quantum computing service and data infrastructures with the common european data spaces and federated , secure cloud infrastructures announced in the communication from the commission of 19 february 2020 on ‘a european strategy for data’ , for seamless service provisioning to a wide range of public and private users across europe. and support the use of open standards , open source software and hardware , open source platforms and , where appropriate , open , well-formed apis in an effort to achieve interoperability.


### (42) the design and operation of the supercomputers supported by the joint undertaking should take into consideration energy efficiency and environmental sustainability , using for example low-power technology , dynamic power-saving and re-use techniques like advanced cooling and heat recycling. ### (42) the design and operation of the supercomputers supported by the joint undertaking should include at least energy efficiency and environmental sustainability , including renewable power purchasing agreements , using at least low-power technologies , dynamic power-saving and re-use techniques like advanced cooling and heat recycling.


### (43) the use of the supercomputers of the joint undertaking should be primarily for civilian applications for public and private users residing , established or located in a member state or in a country associated to the digital europe programme and to horizon europe. users should be granted access time according to access policy rules defined by the governing board. the use of these supercomputers should also respect international agreements concluded by the union. ### (43) the use of the supercomputers of the joint undertaking should be for civilian applications for public and private users residing , established or located in a member state or in a country associated to the digital europe programme and to horizon europe. users should be granted access time according to access policy rules defined by the governing board. the use of these supercomputers should also respect international agreements concluded by the union.


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


### (1) the mission of the joint undertaking shall be to develop , deploy , extend and maintain in the union a world leading federated , secure and hyper-connected supercomputing , quantum computing , service and data infrastructure ecosystem; support the production of innovative and competitive supercomputing systems based on a supply chain that will ensure components , technologies and knowledge limiting the risk of disruptions and the development of a wide range of applications optimised for these systems; and , widen the use of this supercomputing infrastructure to a large number of public and private users , and support the development of key skills for european science and industry. ### (1) the mission of the joint undertaking shall be to develop , deploy , extend and maintain in the union a world leading federated , secure and hyper-connected supercomputing , quantum computing , service and data infrastructure ecosystem; support the development , deployment and operation of innovative and competitive supercomputing systems based on a supply chain that will ensure state of the art components , technologies and knowledge limiting the risk of disruptions and the development of a wide range of applications optimised for these systems based on the principles of trust , openness , security , interoperability and portability; and , widen the use of this supercomputing infrastructure to a large number of public and private users , and support the green deal , development of key skills for european society , science and industry.


### to federate the hyper-connected supercomputing and data infrastructure and interconnect it with the european data spaces and cloud ecosystem for providing computing and data services to a wide range of public and private users in europe; ### to federate the hyper-connected supercomputing and data infrastructure and interconnect it with the european data spaces and cloud ecosystem for providing computing and data services to a wide range of public and private users in europe based on the principles of trust , openness , security , interoperability and portability;


### to further develop and support a highly competitive and innovative supercomputing and data ecosystem in europe contributing to the standing and technological autonomy of the union in the digital economy , capable to autonomously produce computing technologies and architectures and their integration on leading computing systems , and advanced applications optimised for these systems; ### to further develop and support a highly competitive and innovative interconnected and interoperable supercomputing and data ecosystem in europe contributing to the standing and technological autonomy of the union in the digital economy , capable to autonomously produce computing technologies and architectures and their integration on leading computing systems , and advanced applications optimised for these systems;


### to widen the use of supercomputing services and the development of key skills that european science and industry need. ### to widen the use of supercomputing services and the development of key skills that european science and industry need with emphasis on enhancing women and girls participation in stem through involvement and employment and reducing the gender gap in the digital sector.


### (ii) support to the interconnection of the supercomputing , and quantum computing data infrastructures with the union's common european data spaces and federated , secure cloud infrastructures; ### (ii) support to the interconnection and interoperability of the supercomputing , and quantum computing data infrastructures with the union's common european data spaces and federated , secure cloud infrastructures while including specific requirements for cybersecurity , open data and data portability and the use of open source software and hardware;


### i) applications for public and private users that exploit the capabilities of high-end supercomputers and their convergence with advanced digital technologies such as artificial intelligence , high performance data analytics , cloud technologies , etc. through the co-design , development and optimisation of high performance computing-enabled large-scale and emerging lead-market codes and applications; ### i) applications for public and private users that exploit the capabilities of high-end supercomputers and their convergence with advanced digital technologies such as artificial intelligence , high performance data analytics , privacy enhancing applications , cloud technologies , etc. through the co-design , development and optimisation of high performance computing-enabled large-scale and emerging lead-market codes and applications , potentially benefiting from open cooperation models like open source;


### ii) support , among others , to centres of excellence in high performance computing applications and large-scale high performance computing-enabled pilot demonstrators and test-beds for big data applications and services in a wide range of scientific and industrial sectors. ### ii) support , among others , to centres of excellence in high performance computing applications and large-scale high performance computing-enabled pilot demonstrators and test-beds for big data applications and services in a wide range of scientific and industrial sectors , while excluding personal data and activities that lead to deanonymization of personal data.


### quality of the hosting facility's physical and it infrastructure , its security and its connectivity with the rest of the union; ### quality of the hosting facility's physical , energy and it infrastructure , its security and its connectivity with the rest of the union;


### the obligation of the hosting entity to submit by 31 january of each year to the governing board an audit report and data on the use of access time in the previous financial year; ### the obligation of the hosting entity to submit by 31 january of each year to the governing board an audit report and data on the use of access time in the previous financial year; the audit report shall be made publicly available within 3 months of approval of the governing board;