### 1. member states shall ensure that all customers are free to purchase gases from the supplier of their choice and shall ensure that all customers are free to have more than one supply contract for natural gas or hydrogen at the same time , provided that the required connection and metering points are established. ### 1. member states shall ensure that all customers are free to purchase gases from the supplier of their choice and shall ensure that all customers are free to have more than one supply contract for natural gas , renewable gas or hydrogen at the same time , provided that the required connection and metering points are established and sufficient technical safety conditions are in place.


### ensure that , pursuant to articles 18 and 19 , all beneficiaries of such public interventions are entitled to , and are offered to , have smart meters installed at no extra upfront cost to the customer , are directly informed of the possibility of installing smart meters and are provided with necessary assistance; ### deleted


### 10. the commission shall review and submit a report to the european parliament and to the council on the implementation of this article for the purpose of achieving market-based retail pricing of natural gas , together with or followed by a legislative proposal , if appropriate. this report may be combined with the report on the implementation of article 5 of directive (eu) 2019/944. that legislative proposal may include an end date for regulated prices. ### 10. the commission shall review and submit a report to the european parliament and to the council on the implementation of this article for the purpose of achieving market-based retail pricing of natural gas , together with or followed by a legislative proposal , if appropriate. this report may be combined with the report on the implementation of article 5 of directive (eu) 2019/944.


### 2. having full regard to the relevant provisions of the tfeu , in particular article 106 thereof , member states may impose on natural gas and hydrogen undertakings , in the general economic interest , public service obligations which may relate to security , including security of supply , regularity , and quality of supplies , and environmental protection , including energy efficiency , energy from renewable sources and climate protection. such obligations shall be clearly defined , transparent , non-discriminatory , verifiable and shall guarantee equality of access for natural gas undertakings and hydrogen undertakings of the union to national consumers. ### 2. having full regard to the relevant provisions of the tfeu , in particular article 106 thereof , member states may impose on natural gas and hydrogen undertakings , in the general economic interest , public service obligations which may relate to security , including security of supply , regularity , quality and price of supplies , and environmental protection , including energy efficiency , energy from renewable sources and climate protection. such obligations shall be clearly defined , transparent , non-discriminatory , verifiable and shall guarantee equality of access for natural gas undertakings and hydrogen undertakings of the union to national consumers. public service obligations which concern the price setting for the supply of gases shall comply with the requirements set out in article 4 of this directive.


### 2. having full regard to the relevant provisions of the tfeu , in particular article 106 thereof , member states may impose on natural gas and hydrogen undertakings , in the general economic interest , public service obligations which may relate to security , including security of supply , regularity , and quality of supplies , and environmental protection , including energy efficiency , energy from renewable sources and climate protection. such obligations shall be clearly defined , transparent , non-discriminatory , verifiable and shall guarantee equality of access for natural gas undertakings and hydrogen undertakings of the union to national consumers. ### 2. having full regard to the relevant provisions of the tfeu , in particular article 106 thereof , member states may impose on natural gas and hydrogen undertakings , in the general economic interest , public service obligations which may relate to security , including security of supply , regularity , price and quality of supplies , and environmental protection , including energy efficiency , energy from renewable sources and climate protection. such obligations shall be clearly defined , transparent , non-discriminatory , verifiable and shall guarantee equality of access for natural gas undertakings and hydrogen undertakings of the union to national consumers.


### 3. public service obligations related to the security of gas supply shall not go beyond what is necessary to ensure compliance with the gas supply standards pursuant to article 6 of regulation (eu) 2017/1938 and shall be coherent with the results of the national risk assessments carried out pursuant to article 7(3) , as detailed in the preventive action plans prepared pursuant to article 9(1) , points (c) ,(d) and (k) of the same regulation. ### deleted


### 2. the agency for the cooperation of energy regulators (‘acer ’) shall cooperate with regulatory authorities and transmission system operators to ensure the compatibility of regulatory frameworks between and within the regions with the aim of creating a competitive internal market in gases . where acer considers that binding rules on such cooperation are required , it shall make appropriate recommendations. ### 2. the agency for the cooperation of energy regulators (‘acer ’) shall cooperate with regulatory authorities and transmission system operators to ensure the compatibility of regulatory frameworks between and within the regions with the aim of creating a competitive internal market in gases.


### 6. member states shall set up or designate one or more contact points. those contact points shall , upon request by the applicant , and free of charge , guide through and facilitate the entire authorisation procedure for the activities referred to in paragraph 1 up to the delivery by the responsible authorities at the end of the procedure. the applicant shall not be required to contact more than one contact point for the entire process. ### 6. member states shall set up or designate one or more contact points , where and when initiated by market participants. those contact points shall , upon request by the applicant , and free of charge , guide through and facilitate the entire authorisation procedure for the activities referred to in paragraph 1 up to the delivery by the responsible authorities at the end of the procedure. the applicant shall not be required to contact more than one contact point for the entire process.


### 10. for the development of newly supplied areas and efficient operation generally , and without prejudice to article 30 , member states may decline to grant a further authorisation to build and operate distribution pipeline systems for natural gas in any particular area once such pipeline systems have been or are authorised to be built in that area and if existing or proposed capacity is not saturated. ### 10. for the development of newly supplied areas and efficient operation generally , and without prejudice to article 30 , member states may decline to grant a further authorisation to build and operate distribution pipeline systems for natural gas , renewable gas and hydrogen in any particular area once such pipeline systems have been or are authorised to be built in that area and if existing or proposed capacity is not saturated.


### 2. in order to ensure that the greenhouse gas emissions savings from the use of low carbon fuels and low carbon hydrogen are at least 70% in accordance with the definitions in article 2 , points (10) and (12) under article 2 , member states shall require economic operators to show that this threshold and the requirements established in the methodology referred to in paragraph 5 of this article have been complied with. for those purposes , they shall require economic operators to use a mass balance system in line with article 30 (1) and (2) of directive (eu) 2018/2001. ### 2. in order to ensure that the greenhouse gas emissions savings from the use of low carbon fuels and low carbon hydrogen are at least 70% in accordance with the definitions in article 2 , points (10) and (12) under article 2 , member states shall require economic operators to show that this threshold and the requirements established in the methodology referred to in paragraph 5 of this article have been complied with. for those purposes , they shall require economic operators to use a mass balance or a book and claim system in line with article 30 (1) and (2) of directive (eu) 2018/2001.


### 2. in order to ensure that the greenhouse gas emissions savings from the use of low carbon fuels and low carbon hydrogen are at least 70% in accordance with the definitions in article 2 , points (10) and (12) under article 2 , member states shall require economic operators to show that this threshold and the requirements established in the methodology referred to in paragraph 5 of this article have been complied with. for those purposes , they shall require economic operators to use a mass balance system in line with article 30 (1) and (2) of directive (eu) 2018/2001. ### 2. in order to ensure that the greenhouse gas emissions savings from the use of low carbon fuels and low carbon hydrogen are at least 60% in accordance with the definitions in article 2 , points (10) and (12) under article 2 , member states shall require economic operators to show that this threshold and the requirements established in the methodology referred to in paragraph 5 of this article have been complied with. for those purposes , they shall require economic operators to use a mass balance system in line with article 30 (1) and (2) of directive (eu) 2018/2001.


### 3. member states shall ensure that economic operators submit reliable information regarding the compliance with the 70% greenhouse gas emissions savings threshold set in paragraph 2 and with the greenhouse gas emissions saving methodology referred to in paragraph 5 , and that economic operators make available to the relevant member state , upon request , the data that were used to develop the information. member states shall require economic operators to put in place an adequate standard of independent auditing of the information submitted , and to provide evidence that this has been done. the auditing shall verify that the systems used by economic operators are accurate , reliable and protected against fraud. ### 3. member states shall ensure that economic operators submit reliable information regarding the compliance with the 60% greenhouse gas emissions savings threshold set in paragraph 2 and with the greenhouse gas emissions saving methodology referred to in paragraph 5 , and that economic operators make available to the relevant member state , upon request , the data that were used to develop the information. member states shall require economic operators to put in place an adequate standard of independent auditing of the information submitted , and to provide evidence that this has been done. the auditing shall verify that the systems used by economic operators are accurate , reliable and protected against fraud.


### by way of derogation from paragraph 7 , require suppliers of the source of low carbon fuels to provide further evidence of their compliance with the greenhouse gas emissions saving criteria and the 70% greenhouse gas emissions savings threshold. ### by way of derogation from paragraph 7 , require suppliers of the source of low carbon fuels to provide further evidence of their compliance with the greenhouse gas emissions saving criteria and the 60% greenhouse gas emissions savings threshold.


### where relevant , member states shall require transmission system operators , distribution system operators and hydrogen network operators in their territory to publish technical rules in accordance with article 9 , in particular regarding network connection rules that include gas quality , gas odourisation and gas pressure requirements. member states shall also require transmission and distribution system operators to publish the connection tariffs to connect gas from renewable sources based on objective , transparent and non-discriminatory criteria. ### where relevant , member states shall require transmission system operators , distribution system operators and hydrogen network operators in their territory to publish technical rules in accordance with article 9 , in particular regarding network connection rules that include gas quality , gas odourisation and gas pressure requirements. member states shall , where relevant , also require transmission and distribution system operators to publish the connection tariffs to connect gas from renewable sources based on objective , transparent and non-discriminatory criteria.


### 1. in order to promote energy efficiency and to empower final customers , member states or , where a member state has so provided , the regulatory authority shall strongly recommend that natural gas undertakings optimise the use of natural gas , inter alia , by providing energy management services , and introducing smart metering systems that are interoperable , in particular with consumer energy management systems and with smart grids , in accordance with the applicable union data protection rules. ### 1. in order to promote energy efficiency and to empower final customers , member states or , where a member state has so provided , the regulatory authority shall strongly recommend that natural gas , renewable gas and low-carbon gas undertakings optimise the use of gas , inter alia , by providing energy management services , and introducing smart metering systems that are interoperable , in particular with consumer energy management systems and with smart grids , in accordance with the applicable union data protection rules.


### 2. member states shall ensure the deployment in their territories of smart metering systems. such deployment may be subject to a cost-benefit assessment which shall be undertaken in accordance with the principles laid down in annex ii. ### 2. member states shall ensure the deployment in their territories of smart metering systems that assist the active participation of customers. such deployment may be subject to a cost-benefit assessment which shall be undertaken in accordance with the principles laid down in annex ii.


### 2. member states shall ensure the deployment in their territories of smart metering systems. such deployment may be subject to a cost-benefit assessment which shall be undertaken in accordance with the principles laid down in annex ii. ### 2. member states may proceed with the deployment in their territories of smart metering systems only after a positive cost-benefit assessment. such deployment shall be undertaken in accordance with the principles laid down in annex ii.


### 3. member states that proceed with the deployment of smart metering systems shall adopt and publish the minimum functional and technical requirements for the smart metering systems to be deployed in their territories , in accordance with article 18 and annex ii. member states shall ensure the interoperability of those smart metering systems , as well as their ability to provide output for consumer energy management systems. in that respect , member states shall have due regard to the use of the relevant available standards , including those enabling interoperability , to best practices and to the importance of the development of smart grids and the development of the internal market for natural gas. ### 3. member states that proceed with the deployment of smart metering systems shall adopt and publish the minimum functional and technical requirements for the smart metering systems to be deployed in their territories , in accordance with article 18 and annex ii. member states shall ensure the interoperability of those smart metering systems , as well as their ability to provide output for consumer energy management systems. in that respect , member states shall have due regard to the use of the relevant available standards , including those enabling interoperability , to best practices and to the importance of the development of smart grids and the development of the internal market for natural gas. member states that proceed with the deployment of smart metering systems shall provide guidelines for the provision of clear information and advice to all consumers.


### article 17 ### deleted


### 3. the commission shall adopt , by means of implementing acts , interoperability requirements for smart metering and procedures to ensure , for those eligible , access to data coming from those metering systems. those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 4 of regulation (eu) no 182/2011. ### deleted


### 1. where the deployment of smart metering systems has been negatively assessed as a result of the cost-benefit assessment referred to in article 16(2) and where smart metering systems are not systematically deployed , member states shall ensure that every final customer is entitled on request , while bearing the associated costs , to have installed or , where applicable , to have upgraded , under fair , reasonable and cost-effective conditions , a smart meter that: ### 1. where the deployment of smart metering systems has been negatively assessed as a result of the cost-benefit assessment referred to in article 16(2) and where smart metering systems are not systematically deployed , member states , optionally , based on their capacities , shall ensure that every final customer is entitled on request , while bearing the associated costs , to have installed or , where applicable , to have upgraded , under fair , reasonable and cost-effective conditions , a smart meter that:


### regularly , and at least every two years , review and make publicly available the associated costs , and trace the evolution of those costs as a result of technology developments and potential metering system upgrades. ### deleted


### 2. the commission shall adopt , by means of implementing acts , interoperability requirements and non-discriminatory and transparent procedures for access to data referred to in article 21(1). those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 4 of regulation (eu) no 182/2011. ### 2. the commission shall , following a detailed justification , adopt , by means of implementing acts , interoperability requirements and non-discriminatory and transparent procedures for access to data referred to in article 21(1). those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 4 of regulation (eu) no 182/2011.


### 3. member states shall ensure that natural gas undertakings apply the interoperability requirements and procedures for access to data referred to in paragraph 2. those requirements and procedures shall be based on existing national practices. ### 3. member states shall ensure that natural gas undertakings apply the interoperability requirements and procedures for access to data. those requirements and procedures shall be based on existing national practices.


### (9) in line with the eu hydrogen strategy , the priority for the eu is to develop renewable hydrogen produced using mainly wind and solar energy. renewable hydrogen is the most compatible option with the eu’s climate neutrality and zero pollution goal in the long term and the most coherent with an integrated energy system. however , low-carbon fuels (lcfs) such as low-carbon hydrogen (lch) may play a role in the energy transition , particularly in the short and medium term to rapidly reduce emissions of existing fuels , and support the uptake of renewable fuels such as renewable hydrogen. in order to support the transition , it is necessary to establish a threshold for greenhouse gas emission reductions for low-carbon hydrogen and synthetic gaseous fuels. such threshold should become more stringent for hydrogen produced in installations starting operations from 1 january 2031 to take into account technological developments and better stimulate the dynamic progress towards the reduction of greenhouse gas emissions from hydrogen production. the eu energy system integration strategy highlighted the need to deploy an eu–wide certification system to also cover low-carbon fuels with the aim to enable member states to compare them with other decarbonisation options and consider them in their energy mix as a viable solution. in order to ensure that lcf have the same decarbonisation impact as compared to other renewable alternatives it is important that they are certified by applying a similar methodological approach based on a life cycle assessment of their total greenhouse gas (‘ghg’) emissions. this would allow deploying a comprehensive eu-wide certification system , covering the whole union energy mix. taking into consideration that lcf and lch are not renewable fuels , their terminology and certification could not be included in the proposal for the revision of directive (eu) 2018/2001 of the european parliament and of the council8 . therefore , their inclusion in this directive fills in this gap. ### (9) in line with the eu hydrogen strategy , the priority for the eu is to develop renewable hydrogen produced using mainly wind and solar energy. renewable hydrogen produced using biomass energy falls under the definition of biogas , as indicated by directive (eu) 2018/2001. however , renewable hydrogen production is not likely to meet rapidly the expected growth in demand for hydrogen in the union. therefore , low-carbon fuels (lcfs) such as low-carbon hydrogen (lch) may play a role in the energy transition , to reduce emissions of existing fuels , and support the transition of the union's industry. in order to support the transition , it is necessary to establish a threshold for greenhouse gas emission reductions for low-carbon hydrogen and synthetic gaseous fuels. such threshold should become more stringent for hydrogen produced in installations starting operations from 1 january 2035 to take into account technological developments and better stimulate the dynamic progress towards the reduction of greenhouse gas emissions from hydrogen production. the eu energy system integration strategy highlighted the need to deploy an eu–wide certification system to also cover low-carbon fuels with the aim to enable member states to compare them with other decarbonisation options and consider them in their energy mix as a viable solution. in order to ensure that lcf have the same decarbonisation impact as compared to other renewable alternatives it is important that they are certified by applying a similar methodological approach based on a life cycle assessment of their total greenhouse gas (‘ghg’) emissions. this would allow deploying a comprehensive eu-wide certification system , covering the whole union energy mix. taking into consideration that lcf and lch are not renewable fuels , their terminology and certification could not be included in the proposal for the revision of directive (eu) 2018/2001 of the european parliament and of the council8 . therefore , their inclusion in this directive fills in this gap.


### (15) public service obligations in the form of price setting for the supply of natural gas should be used without overriding the principle of open markets in clearly defined circumstances and beneficiaries and should be limited in duration. in order to mitigate the distortive effects of public service obligations in price setting for the supply of natural gas , member states applying such interventions should put in place additional measures , including measures to prevent distortions of price setting in the wholesale market. member states should ensure that all beneficiaries of regulated prices are able to benefit fully from the offers available on the competitive market when they choose to do so. to that end , they should be directly and regularly informed of the offers and savings available on the competitive market , and should be provided with assistance to respond to and benefit from market-based offers. ### (15) public service obligations in the form of price setting for the supply of natural gas should be used without overriding the principle of open markets in clearly defined circumstances and beneficiaries and should be limited in duration. such circumstances might occur for example where supply is severely constrained , causing significantly higher gas prices than normal , or in the event of a market failure where interventions by regulatory authorities and competition authorities have proven to be ineffective. this would disproportionately affect households and , in particular , vulnerable customers who typically expend a higher share of their disposable income on energy bills compared to high-income consumers. in order to mitigate the distortive effects of public service obligations in price setting for the supply of natural gas , member states applying such interventions should put in place additional measures , including measures to prevent distortions of price setting in the wholesale market. member states should ensure that all beneficiaries of regulated prices are able to benefit fully from the offers available on the competitive market when they choose to do so. to that end , they should be directly and regularly informed of the offers and savings available on the competitive market , and should be provided with assistance to respond to and benefit from market-based offers.


### (38) the regular provision of accurate billing information based on actual gas consumption , facilitated by smart metering , is important to help customers to control their gas consumption and costs. nevertheless , customers , in particular household customers , should have access to flexible arrangements for the actual payment of their bills. ### (38) the regular provision of accurate billing information based on actual gas consumption is important to help customers to control their gas consumption and costs. nevertheless , customers , in particular household customers , should have access to flexible arrangements for the actual payment of their bills.


### (41) in order to assist final customers’ active participation in the market , the smart metering systems to be deployed should have due regard to the use of relevant available standards , including those enabling interoperability on the level of the data model and the application layer , to best practices and the importance of the development of data exchange , to future and innovative energy services. moreover , the smart metering systems that are deployed should not represent a barrier to switching supplier in the case of natural gas consumers , and should be equipped with fit-for-purpose functionalities that allow final customers to have timely access to their consumption data , to modulate their energy behaviour , be rewarded for it , and obtain savings in their bills. ### (41) in order to assist final customers’ active participation in the market , the smart metering systems that could be deployed should , after a positive cost-benefit assessment , have due regard to the use of relevant available standards , including those enabling interoperability on the level of the data model and the application layer , to best practices and the importance of the development of data exchange , to future and innovative energy services. moreover , the smart metering systems that are deployed should not represent a barrier to switching supplier in the case of natural gas consumers , and should be equipped with fit-for-purpose functionalities that allow final customers to have timely access to their consumption data , to modulate their energy behaviour , be rewarded for it , and obtain savings in their bills.


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


### (67) the operation of hydrogen networks should be separated from activities of energy production and supply in order to avoid the risk of conflicts of interest on behalf of the network operators. the structural separation of ownership of hydrogen networks and participations in energy production and supply guarantees the absence of such conflicts of interest. member states should be able to rely on the alternative unbundling model of “integrated hydrogen network operator” until 2030 to provide a transitional period for existing vertically integrated hydrogen networks. member states should also be able to allow the use of the “independent hydrogen network operator” model to allow vertically integrated owners of hydrogen networks to retain ownership of their networks while ensuring the non-discriminatory operation of such networks after 2030. ### (67) the operation of hydrogen networks should be separated from activities of energy production and supply in order to avoid the risk of conflicts of interest on behalf of the network operators. the structural separation of ownership of hydrogen networks and participations in energy production and supply guarantees the absence of such conflicts of interest. member states should be able to rely on the alternative unbundling model of “integrated hydrogen network operator” for existing vertically integrated hydrogen networks. member states should also be able to allow the use of the “independent hydrogen network operator” model to allow vertically integrated owners of hydrogen networks to retain ownership of their networks while ensuring the non-discriminatory operation of such networks after 2035.


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


### (72) the availability of large-scale underground hydrogen storage facilities is limited and distributed unevenly across member states. in view of the potentially beneficial role for the functioning of hydrogen transport and markets , the access to such large-scale underground storages should be subject to regulated third party access in order to ensure a level playing field for market participants. ### (72) the availability of large-scale underground hydrogen storage facilities is limited and distributed unevenly across member states. in view of the risks and of the potentially beneficial role for the functioning of hydrogen transport and markets , the access to such large-scale underground storages should be subject to regulated third party access in order to ensure a level playing field for market participants and the highest safety level.


### (112) network development plans are an important element to identify infrastructure gaps and provide information on infrastructure that either needs to be built or that can be decommissioned and could be used for other purposes , such as hydrogen transport. this is true irrespective of the unbundling model chosen for the network operators. ### (112) network development plans are an important element to identify infrastructure gaps and provide information on infrastructure that needs to be built or that can be decommissioned or that could be used for other purposes , such as hydrogen transport. this is true irrespective of the unbundling model chosen for the network operators.


### (113) providing information on infrastructure that can be decommissioned within the network development plan may mean either leaving the infrastructure unused , dismantling it or using it for other purposes , such as hydrogen transport. the objective of this increased transparency on infrastructure takes into account that repurposed infrastructure is comparatively cheaper than newly built infrastructure and hence should enable a cost effective transition. ### (113) providing information on infrastructure that can be decommissioned or repurposed within the network development plan may mean either leaving the infrastructure unused , dismantling it or using it for other purposes , such as hydrogen transport. the objective of this increased transparency on infrastructure takes into account that repurposed infrastructure is comparatively cheaper than newly built infrastructure and hence should enable a practicable and cost effective transition.


### (117) in contrast to electricity , the role of natural gas is expected to decrease , which also affects the demand for infrastructure investments. the network development plan therefore needs to balance competition concerns and avoid stranded assets. consequently , ownership unbundled transmission system operators should not be covered by article 51 (7). ### (117) in contrast to electricity , the role of natural gas is expected to gradually decrease , which also affects the demand for infrastructure investments. the network development plan therefore needs to balance competition concerns and avoid stranded assets.


### (125) long-term contracts are an important part of the gas supply of member states . however , they should not constitute a barrier to the entry of renewable and low carbon gases , which is why the duration of contracts for the supply of fossil gas will not be able to run beyond 2049. such contracts shall always be in line with the objective of this directive and are compatible with the tfeu , including the competition rules. it is necessary to take into account long-term contracts in the planning of supply and transport capacity of undertakings. ### (125) long-term contracts are an important part of the gas supply of member states . however , they should not constitute a barrier to the entry of renewable and low carbon gases. such contracts shall always be in line with the objective of this directive and are compatible with the tfeu , including the competition rules. it is necessary to take into account long-term contracts in the planning of supply and transport capacity of undertakings.


### 2. this directive establishes rules for the transport , supply and storage of natural gas and the transition of the natural gas system to a system based on renewable and low-carbon gases. ### deleted


### 4. this directive establishes rules for the progressive establishment of a union-wide interconnected hydrogen system contributing to the reduction of net greenhouse gas emissions of difficult to decarbonise sectors and thereby supporting to the decarbonisation of the eu energy system. ### deleted


### 4. this directive establishes rules for the progressive establishment of a union-wide interconnected hydrogen system contributing to the reduction of net greenhouse gas emissions of difficult to decarbonise sectors and thereby supporting to the decarbonisation of the eu energy system. ### 4. this directive establishes rules for the progressive establishment of a union-wide interconnected hydrogen system contributing to the long-term resilience of the electricity system and to the reduction of net greenhouse gas emissions of difficult to decarbonise sectors and thereby supporting to the decarbonisation of the eu energy system.


### (2) ‘renewable gas’ means biogas as defined in article 2 , point (28) of directive 2018/2001 , including biomethane , and renewable gaseous fuels part of fuels of non-biological origins (‘rfnbos’) as defined in article 2 , point (36) of that directive’; ### (2) ‘renewable gas’ means biogas as defined in article 2 , point (28) of directive 2018/2001 , including biogas that has been upgraded to biomethane , and renewable gaseous fuels part of fuels of non-biological origins (‘rfnbos’) as defined in article 2 , point (36) of that directive’;


### (3) ‘gases’ mean natural gas and hydrogen; ### (3) ‘gases’ mean natural , renewable and low-carbon gas and hydrogen;


### (4) ‘natural gas system’ means a system of infrastructures , including pipelines , lng terminals and storage facilities , which transports gases , that primarily consist of methane and include biogas and gas from biomass , in particular biomethane , or other types of gas that can technically and safely be injected into , and transported through the natural gas pipeline system. ### (4) ‘natural gas system’ means a system of infrastructures , including pipelines , lng terminals , storage facilities and facilities providing additional services , which transports gases , that primarily consist of methane and include biogas and gas from biomass , in particular biomethane , or other types of gas that can technically and safely be injected into , and transported through the natural gas pipeline system.


### (10) ‘low-carbon hydrogen’ means hydrogen the energy content of which is derived from non-renewable sources , which meets a greenhouse gas emission reduction threshold of 70%; ### (10) ‘low-carbon hydrogen’ means hydrogen the energy content of which is derived from non-renewable sources , which meets a greenhouse gas emission reduction threshold of 60%;


### (12) ‘low-carbon fuels’ means recycled carbon fuels as defined in article 2 of directive (eu) 2018/2001 , low-carbon hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from low-carbon hydrogen , which meet the greenhouse gas emission reduction threshold of 70%. ### (12) ‘low-carbon fuels’ means recycled carbon fuels as defined in article 2 of directive (eu) 2018/2001 , low-carbon hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from low-carbon hydrogen , which meet the greenhouse gas emission reduction threshold of 60%.


### 3. access to the system for renewable and low carbon gases may only be refused subject to the provisions of article 18 and 33 of [recast gas regulation as proposed in com(2021) xxx]. ### 3. access to the system for renewable and low carbon gases may only be refused subject to denying connection by the operator.


### operate , maintain and develop under economic conditions secure , reliable and efficient transmission , storage or lng facilities to secure an open market , with due regard to the environment , the obligations laid down in [regulation (eu) 2022/ … (methane regulation)] ensure adequate means to meet service obligations; ### operate , maintain and develop under economic conditions secure , reliable and efficient transmission , storage or lng facilities to secure an open market , with due regard to the environment;


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


### 2. transmission , storage or lng system operators shall not , in the context of sales or purchases of natural gas by related undertakings , misuse commercially sensitive information obtained from third parties in the context of providing or negotiating access to the system. ### 2. transmission , storage or lng system operators shall not , in the context of sales or purchases of natural gas or hydrogen by related undertakings , misuse commercially sensitive information obtained from third parties in the context of providing or negotiating access to the system.


### 1. the transmission system operator shall establish and publish transparent and efficient procedures for non-discriminatory connection of new production installations of renewable and low carbon gases. those procedures shall be subject to approval by the regulatory authorities. ### 1. the transmission system operator shall establish and publish transparent and efficient procedures for non-discriminatory connection of new production installations of renewable and low carbon gases. those procedures shall be subject to approval by the regulatory authorities , which must take into consideration the natural gas system performance , and the risks associated with the quality of the gas , and security of supply.


### 2. the transmission system operators shall not be entitled to refuse economically reasonable and technically feasable connection requests of a new production facility installation for renewable and low carbon gases. ### 2. the transmission system operators shall not be entitled to refuse economically reasonable and technically feasable connection requests of a new production facility installation for renewable and low carbon gases. production facilities installations for renewable gases shall have priority to connect over facilities for low carbon gases.


### 2. the transmission system operators shall not be entitled to refuse economically reasonable and technically feasable connection requests of a new production facility installation for renewable and low carbon gases. ### 2. the transmission system operators shall not be entitled to refuse economically reasonable and technically feasible connection requests of a new or existing , but not yet connected production facility installation for renewable and low carbon gases.


### 8. the distribution system operators shall establish and publish transparent and efficient procedures for non-discriminatory connection of new production installations of renewable and low carbon gases. those procedures shall be subject to approval by the regulatory authorities. ### 8. the transmission system operator shall establish and publish transparent and efficient procedures for non-discriminatory connection of new production installations of renewable and low carbon gases. those procedures shall be subject to approval by the regulatory authorities , which must take into consideration the natural gas system performance , and the risks associated with the quality of the gas , and security of supply.


### 9. the distribution system operators shall not be entitled to refuse economically reasonable and technically feasible connection requests of a new production facility for renewable and low carbon gases. ### 9. the distribution system operators shall not be entitled to refuse economically reasonable and technically feasible connection requests of a new production facility for renewable and low carbon gases. production facilities for renewable gases shall have priority to connect over facilities for low carbon gases.


### 9. the distribution system operators shall not be entitled to refuse economically reasonable and technically feasible connection requests of a new production facility for renewable and low carbon gases. ### 9. the transmission system operators shall not be entitled to refuse economically reasonable and technically feasible connection requests of a new or existing , but not yet connected production facility installation for renewable and low carbon gases.


### regulatory authorities shall oblige the distribution system operator to publish transparent and efficient procedures for non-discriminatory connection of new production installations of renewable and low carbon gases. those procedures shall be subject to approval by the regulatory authorities. ### deleted


### taking all reasonable measures available to prevent and minimise hydrogen emissions in their operations and carrying out , at regular intervals , a hydrogen leak detection and repair survey of all relevant components under the operator responsibility; ### taking all reasonable measures available to prevent and minimise hydrogen emissions in their operations and carrying out , at regular intervals , a hydrogen leak detection and repair survey of all relevant components under the operator responsibility , in order to guarantee the highest level of safety;


### 2. each hydrogen network operator shall build sufficient cross-border capacity to integrate european hydrogen infrastructure accommodating all economically reasonable and technically feasible demands for capacity and taking into account security of hydrogen supply. ### 2. each hydrogen network operator shall ensure where relevant a sufficient cross-border capacity to integrate european hydrogen infrastructure accommodating all economically reasonable and technically feasible demands for capacity and taking into account security of hydrogen supply.


### 1. member states may decide to grant a derogation from the requirements of articles 31 , 62 , 63 and 64 of this directive , and articles 6 and 47 of [recast gas regulation as proposed in com(2021) xxx] to hydrogen networks that belonged to a vertically integrated undertaking on [date of entry into force]. the derogation shall be limited in scope to the network capacity in operation on [date of entry into force]. ### 1. member states may decide to grant a derogation from the requirements of articles 31 , 62 , 63 and 64 of this directive , and articles 6 and 47 of [recast gas regulation as proposed in com(2021) xxx] to hydrogen and natural gas networks that belonged to a vertically integrated undertaking on [date of entry into force]. the derogation shall be limited in scope to the network capacity in operation on [date of entry into force].


### at the latest on 31 december 2030. ### deleted


### 2. the derogations under paragraph 1 shall apply at least until 31 december 2030. as from 1 january 2031 , the derogation shall expire when one of the conditions below is fulfilled: ### 2. the derogations under paragraph 1 shall apply at least until 15 years from the date of commencement of operation of the hydrogen network in question. as after this period , the derogation shall expire when one of the conditions below is fulfilled:


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


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


### include information on infrastructure that can or will be decommissioned; and ### include information on infrastructure that can or will be decommissioned or repurposed for the transport of hydrogen; and


### include information on infrastructure that can or will be decommissioned; and ### include information on infrastructure that can or will be decommissioned;


### be in line with the integrated national energy and climate plan and its updates , and with the integrated national energy climate reports submitted in accordance with regulation (eu) 2018/1999 and support the climate-neutrality objective set out in article 2(1) , of regulation (eu) 2021/1119. ### be in line with the integrated national energy and climate plan and its updates , and with the integrated national energy climate reports submitted in accordance with regulation (eu) 2018/1999 and support the climate-neutrality objective set out in article 2(1) , of regulation (eu) 2021/1119. where relevant , member states shall ensure the independence of the competent national authority.


### 1. where a hydrogen interconnector project is included in the eu-wide ten-year network development plan as referred to in article 29 of [recast gas regulation as proposed in com(2021)xxx] and is not a project of common interest as referred to in [chapter ii and annex i point 3 of regulation xxx on guidelines for trans-european energy infrastructure] , adjacent and affected hydrogen network operators shall design a project plan , including a request for cross-border cost allocation , and submit it jointly to the concerned regulatory authorities for a joint approval. ### 1. where a hydrogen interconnector project is included in the eu-wide ten-year network development plan as referred to in article 29 of [recast gas regulation as proposed in com(2021)xxx] , adjacent and affected hydrogen network operators shall design a project plan , including a request for cross-border cost allocation , and submit it jointly to the concerned regulatory authorities for a joint approval.


### the commission is empowered to adopt delegated acts in accordance with article 83 supplementing this directive in order to set guidelines to ensure full and effective compliance of the transmission system or hydrogen network owner and of the storage system or hydrogen storage operator with paragraph 2 of this article . ### the commission is empowered to adopt implementing acts in accordance with article 83 supplementing this directive in order to set guidelines to ensure full and effective compliance of the transmission system or hydrogen network owner and of the storage system or hydrogen storage operator with paragraph 2 of this article .


### 1. member states shall ensure that from [entry of transposition period+1year] hydrogen network operators are unbundled in accordance with the rules for natural gas transmission system operators set out in article 56(1) to (3). ### 1. member states shall ensure that from [entry of transposition period+1year] hydrogen network operators are unbundled in accordance with the rules for natural gas transmission system operators set out in article 54(1) to (3).


### 3. where on [entry into force] the hydrogen network belonged to a vertically integrated undertaking , a member state may decide not to apply paragraph 1. in such case , the member state concerned shall designate an independent hydrogen network operator unbundled in accordance with the rules on independent system operators for natural gas set out article 55. hydrogen network operators and transmission system operators for gas unbundled in accordance with article 54(1) can act as independent hydrogen network operator , subject to the requirements pursuant to article 63. ### 3. where transmission system operators for gas are unbundled in accordance with article 54 (1) or the rules on independent system operators for natural gas set out in article 55 a member state may decide not to apply paragraph 1. in such case , before 31. december 2030 , the member state concerned shall designate an independent hydrogen network operator unbundled in accordance with the rules on independent system operators for natural gas set out article 55. hydrogen network operators and transmission system operators for gas unbundled in accordance with article 54(1) or article 55 can act as independent hydrogen network operator , subject to the requirements pursuant to article 63.


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


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


### 4. until 31 december 2030 , member state may designate an integrated hydrogen network operator unbundled in accordance with the rules on independent transmission operators for natural gas set out in section 3 of chapter ix. such designation shall expire by 31 december 2030 at the latest. ### 4. until 31 december 2035 , member state may designate an integrated hydrogen network operator unbundled in accordance with the rules on independent transmission operators for natural gas set out in section 3 of chapter ix. such designation shall expire by 31 december 2035 at the latest.


### 5. the rules applicable to transmission system operators set out in article 66 shall apply to hydrogen network operators. ### 5. the rules applicable to transmission system operators set out in article 65 shall apply to hydrogen network operators.


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


### facilitating access to the network for new production capacity , in particular removing barriers that could prevent access for new market entrants and of gas and hydrogen from renewable sources; ### facilitating access to the network for new production capacity , in particular removing barriers that could prevent access for new market entrants and of gas and hydrogen from renewable and low-carbon sources;


### as of 1 january 2031 or as from the date of applying article 31(1) of this directive , fixing or approving , in accordance with transparent criteria , tariffs for hydrogen network access or their methodologies , or both; ### as of 1 january 2031 or as from the date of applying article 31(1) of this directive , fixing or approving , in accordance with transparent criteria , where relevant , tariffs for hydrogen network access or their methodologies , or both;


### in close coordination with the other regulatory authorities , ensuring the compliance of the entso for gas , the eu dso entity and the ennoh with their obligations under this directive [recast gas regulation as proposed in com(2021) xxx] , the network codes and guidelines adopted pursuant to articles 52 to 56 of [the recast gas regulation proposed in com(2021) xxx] , and other relevant union law , including as regards cross-border issues , as well as with acer's decisions , and jointly identifying non-compliance of the entso for gas , the eu dso entity and the ennoh with their respective obligations; where the regulatory authorities have not been able to reach an agreement within a period of four months after the start of consultations for the purpose of jointly identifying non-compliance , the matter shall be referred to the acer for a decision , pursuant to article 6(10) of regulation (eu) 2019/942; ### deleted


### ensuring that there are no cross-subsidies between transmission , distribution , hydrogen transport , natural gas and hydrogen storage , lng and hydrogen terminals and natural gas and hydrogen supply activities; ### ensuring that following a sufficient transitional period there are no cross-subsidies between transmission , distribution , hydrogen transport , natural gas and hydrogen storage , lng and hydrogen terminals and natural gas and hydrogen supply activities;


### connection and access to national hydrogen networks , including , as from 1 january 2031 , the hydrogen network tariffs , and terms and conditons and tariffs for access to for hydrogen storage and hydrogen terminals , including tariffs were applicable; ### connection and access to national hydrogen networks , where relevant , including , as from 1 january 2031 , the hydrogen network tariffs , and terms and conditons and tariffs for access to for hydrogen storage and hydrogen terminals , including tariffs were applicable;


### 5. the commission is empowered to adopt delegated acts in accordance with article 83 in order to supplement this directive by establishing guidelines on the extent of the duties of the regulatory authorities to cooperate with each other and with acer. ### 5. the commission is empowered to adopt implementing acts in accordance with article 83 in order to supplement this directive by establishing guidelines on the extent of the duties of the regulatory authorities to cooperate with each other and with acer.


### 4. the commission is empowered to adopt delegated acts supplementing this directive in accordance with article 83 , by establishing guidelines which define the methods and arrangements for record keeping as well as the form and content of the data that shall be kept. ### 4. the commission is empowered to adopt implementing acts supplementing this directive in accordance with article 83 , by establishing guidelines which define the methods and arrangements for record keeping as well as the form and content of the data that shall be kept.


### 2. member states may apply to the commission for derogations from applying articles 3 , 7 , 54 or 27 to outermost regions within the meaning of article 349 tfeu or to other geographically isolated areas. any such derogation shall expire from the moment a connection from the region or area to a member state with an interconnected system is completed. ### 2. member states may apply to the commission for derogations from applying articles 3 , 7 , 54 or 27 to outermost regions within the meaning of article 349 tfeu or to islands. any such derogation shall not expire before 2050 and provided that a connection from the region or area to a member state with an interconnected system is completed.


### suppliers shall specify in bills the share of renewable and separately low carbon gas purchased by the final customer in accordance with the supply contract for gases (product level disclosure). in case of a mixture the supplier shall provide the same information separately for different categories of gases , including renewable or low-carbon gas. ### where relevant , suppliers shall specify in bills the share of renewable and separately low carbon gas purchased by the final customer in accordance with the supply contract for gases (product level disclosure). in case of a mixture the supplier shall provide the same information separately for different categories of gases , including renewable or low-carbon gas.


### 3. subject to that assessment , member states , shall prepare a timetable with a target of up to ten years for the deployment of smart metering systems. where the deployment of smart metering systems is assessed positively , at least 80 % of final customers shall be equipped with smart meters within seven years of the date of the positive assessment. ### 3. subject to that assessment , member states , shall prepare a timetable with a target of up to ten years for the deployment of smart metering systems. where the deployment of smart metering systems is assessed positively , at least 80 % of final customers shall be equipped with smart meters gradually within a flexible timeframe.


### (4) a more harmonised approach to digital identification should reduce the risks and costs of the current fragmentation due to the use of divergent national solutions and will strengthen the single market by allowing citizens , other residents as defined by national law and businesses to identify online in a convenient and uniform way across the union. everyone should be able to securely access public and private services relying on an improved ecosystem for trust services and on verified proofs of identity and attestations of attributes , such as a university degree legally recognised and accepted everywhere in the union. the framework for a european digital identity aims to achieve a shift from the reliance on national digital identity solutions only , to the provision of electronic attestations of attributes valid at european level. providers of electronic attestations of attributes should benefit from a clear and uniform set of rules and public administrations should be able to rely on electronic documents in a given format. ### (4) a more harmonised approach to digital identification should reduce the risks and costs of the current fragmentation due to the use of divergent national solutions and will strengthen the single market by allowing citizens , other residents as defined by national law and businesses to identify online in a convenient and uniform way across the union. everyone should be able to securely access public and private services relying on an improved ecosystem for trust services and on verified proofs of identity and attestations of attributes , such as a university degree legally recognised and accepted everywhere in the union. the framework for a european digital identity aims to achieve a shift from the reliance on national digital identity solutions only , to the provision of electronic attestations of attributes valid at european level. providers of electronic attestations of attributes should benefit from a clear and uniform set of rules and public administrations should be able to rely on electronic documents in a given format. a fundamental right to safe and principally unrestricted access and participation in the digital society and the digital services offered by public authorities of any member state should be recognized for any natural or legal person or legal entity in general.


### (7) it is necessary to set out the harmonised conditions for the establishment of a framework for european digital identity wallets to be issued by member states , which should empower all union citizens and other residents as defined by national law to share securely data related to their identity in a user friendly and convenient way under the sole control of the user. technologies used to achieve those objectives should be developed aiming towards the highest level of security , user convenience and wide usability. member states should ensure equal access to digital identification to all their nationals and residents. ### (7) it is necessary to set out the harmonised conditions for the establishment of a framework for european digital identity wallets to be issued by member states , which should empower all union citizens and other residents as defined by national law to share securely data related to their identity in a user friendly and convenient way under the sole control of the user. especially and not limiting the generality of the above , it is necessary to set out harmonized conditions for the unification of all business registries and companies houses of all member states and for unified access of any natural or legal person or legal entity to any of the above. technologies used to achieve those objectives should be developed aiming towards the highest level of security , user convenience and wide usability. member states should ensure equal access to digital identification to all their nationals and residents.


### (7) it is necessary to set out the harmonised conditions for the establishment of a framework for european digital identity wallets to be issued by member states , which should empower all union citizens and other residents as defined by national law to share securely data related to their identity in a user friendly and convenient way under the sole control of the user. technologies used to achieve those objectives should be developed aiming towards the highest level of security , user convenience and wide usability. member states should ensure equal access to digital identification to all their nationals and residents. ### (7) it is necessary to set out the harmonised conditions for the establishment of a framework for european digital identity wallets to be issued by member states , which should empower all union citizens and other residents as defined by national law to share securely data related to their identity in a user friendly and convenient way under the sole control of the user and to receive securely the data in a user-friendly way. european digital identity framework should reflect shared values and uphold fundamental rights , strong ethical aspects , legal safeguards and liability , thus protecting our democratic societies and citizens. technologies used to achieve those objectives should be developed aiming towards the highest level of security , user convenience and wide usability. member states should ensure equal access to digital identification to all their nationals and residents.


### (8) in order to ensure compliance within union law or national law compliant with union law , service providers should communicate their intent to rely on the european digital identity wallets to member states. that will allow member states to protect users from fraud and prevent the unlawful use of identity data and electronic attestations of attributes as well as to ensure that the processing of sensitive data , like health data , can be verified by relying parties in accordance with union law or national law. ### (8) in order to ensure compliance within union law or national law compliant with union law , service providers should communicate their intent to rely on the european digital identity wallets to member states. that will allow member states to protect users from fraud and prevent the unlawful use of identity data and electronic attestations of attributes as well as to ensure that the processing of sensitive data , like health data , can be verified by relying parties in accordance with union law or national law. the inclusion and the processing of health data in the european digital identity wallet should be allowed - just on voluntary basis - to the sole purpose of improving health care for citizens , in order to adjust therapies to the specific conditions of every single person. health data should never be used or processed to restrict or widen individuals’ fundamental rights or freedom , nor to allow or refuse the access to any public or private place or service.


### (10) in order to achieve a high level of security and trustworthiness , this regulation establishes the requirements for european digital identity wallets. the conformity of european digital identity wallets with those requirements should be certified by accredited public or private sector bodies designated by member states. relying on a certification scheme based on the availability of commonly agreed standards with member states should ensure a high level of trust and interoperability. certification should in particular rely on the relevant european cybersecurity certifications schemes established pursuant to regulation (eu) 2019/88120 . such certification should be without prejudice to certification as regards personal data processing pursuant to regulation (ec) 2016/679 ### (10) in order to achieve a high level of security and trustworthiness , this regulation establishes the requirements for european digital identity wallets. the conformity of european digital identity wallets with those requirements should be certified by accredited public or private sector bodies designated by member states by transparent and inclusive methods. relying on a certification scheme based on the availability of commonly agreed standards with member states should ensure a high level of trust and interoperability. certification should in particular rely on the relevant european cybersecurity certifications schemes established pursuant to regulation (eu) 2019/88120 . such certification should be without prejudice to certification as regards personal data processing pursuant to regulation (ec) 2016/679


### (11) european digital identity wallets should ensure the highest level of security for the personal data used for authentication irrespective of whether such data is stored locally or on cloud-based solutions , taking into account the different levels of risk. using biometrics to authenticate is one of the identifications methods providing a high level of confidence , in particular when used in combination with other elements of authentication. since biometrics represents a unique characteristic of a person , the use of biometrics requires organisational and security measures , commensurate to the risk that such processing may entail to the rights and freedoms of natural persons and in accordance with regulation 2016/679. ### (11) european digital identity wallets should ensure the highest level of security for the personal data used for authentication irrespective of whether such data is stored locally or on cloud-based solutions , taking into account the different levels of risk. using biometrics to identify and authenticate should not be allowed for using european digital identity wallet , notwithstanding the requirement for strong user authentication. in any case biometric data used for the purpose to identify and authenticate a natural person in the context of this regulation could not be stored in the cloud. . since biometrics represents a unique characteristic of a person , the use of biometrics requires organisational and security measures that are based on free and express consent by the owner , commensurate to the risk that such processing may entail to the rights and freedoms of natural persons and in accordance with regulation 2016/679.


### (27) any entity that collects , creates and issues attested attributes such as diplomas , licences , certificates of birth should be able to become a provider of electronic attestation of attributes. relying parties should use the electronic attestations of attributes as equivalent to attestations in paper format. therefore , an electronic attestation of attributes should not be denied legal effect on the grounds that it is in an electronic form or that it does not meet the requirements of the qualified electronic attestation of attributes. to that effect , general requirements should be laid down to ensure that a qualified electronic attestation of attributes has the equivalent legal effect of lawfully issued attestations in paper form. however , those requirements should apply without prejudice to union or national law defining additional sector specific requirements as regards form with underlying legal effects and , in particular , the cross-border recognition of qualified electronic attestation of attributes , where appropriate. ### (27) any entity that collects , creates and issues attested attributes such as diplomas , licences , certificates of birth should be able to become a provider of electronic attestation of attributes. relying parties should use the electronic attestations of attributes as equivalent to attestations in paper format. therefore , an electronic attestation of attributes should not be denied legal effect on the grounds that it is in an electronic form or that it does not meet the requirements of the qualified electronic attestation of attributes. to that effect , general requirements should be laid down to ensure that a qualified electronic attestation of attributes has the equivalent legal effect of lawfully issued attestations in paper form which should always remain valid and be accepted as well as digital ones. however , those requirements should apply without prejudice to union or national law defining additional sector specific requirements as regards form with underlying legal effects and , in particular , the cross-border recognition of qualified electronic attestation of attributes , where appropriate.


### (28) wide availability and usability of the european digital identity wallets require their acceptance by private service providers. private relying parties providing services in the areas of transport , energy , banking and financial services , social security , health , drinking water , postal services , digital infrastructure , education or telecommunications should accept the use of european digital identity wallets for the provision of services where strong user authentication for online identification is required by national or union law or by contractual obligation. where very large online platforms as defined in article 25.1. of regulation [reference dsa regulation] require users to authenticate to access online services , those platforms should be mandated to accept the use of european digital identity wallets upon voluntary request of the user. users should be under no obligation to use the wallet to access private services , but if they wish to do so , large online platforms should accept the european digital identity wallet for this purpose while respecting the principle of data minimisation. given the importance of very large online platforms , due to their reach , in particular as expressed in number of recipients of the service and economic transactions this is necessary to increase the protection of users from fraud and secure a high level of data protection. self-regulatory codes of conduct at union level (‘codes of conduct’) should be developed in order to contribute to wide availability and usability of electronic identification means including european digital identity wallets within the scope of this regulation. the codes of conduct should facilitate wide acceptance of electronic identification means including european digital identity wallets by those service providers which do not qualify as very large platforms and which rely on third party electronic identification services for user authentication. they should be developed within 12 months of the adoption of this regulation. the commission should assess the effectiveness of these provisions for the availability and usability for the user of the european digital identity wallets after 18 months of their deployment and revise the provisions to ensure their acceptance by means of delegated acts in the light of this assessment. ### (28) wide availability and usability of the european digital identity wallets require their acceptance by private service providers. private relying parties providing services in the areas of transport , energy , banking and financial services , social security , health , drinking water , postal services , digital infrastructure , education or telecommunications should accept the use of european digital identity wallets for the provision of services where strong user authentication for online identification is required by national or union law or by contractual obligation. . the information requested from the user via the european digital identity wallet should be necessary and strictly proportionate for the intended use case of the relying party and follow the principle of data minimisation. where very large online platforms as defined in article 25.1. of regulation [reference dsa regulation] require users to authenticate to access online services , those platforms should be mandated to accept the use of european digital identity wallets upon voluntary request of the user. users should be under no obligation to use the wallet to access private services , but if they wish to do so , large online platforms should accept the european digital identity wallet for this purpose while respecting the principle of data minimisation. given the importance of very large online platforms , due to their reach , in particular as expressed in number of recipients of the service and economic transactions this is necessary to increase the protection of users from fraud and secure a high level of data protection. self-regulatory codes of conduct at union level (‘codes of conduct’) should be developed in order to contribute to wide availability and usability of electronic identification means including european digital identity wallets within the scope of this regulation. the codes of conduct should facilitate wide acceptance of electronic identification means including european digital identity wallets by those service providers which do not qualify as very large platforms and which rely on third party electronic identification services for user authentication. they should be developed within 12 months of the adoption of this regulation. the commission should assess the effectiveness of these provisions for the availability and usability for the user of the european digital identity wallets after 9 months of their deployment and revise the provisions to ensure their acceptance.


### (29) the european digital identity wallet should technically enable the selective disclosure of attributes to relying parties. this feature should become a basic design feature thereby reinforcing convenience and personal data protection including minimisation of processing of personal data. ### (29) the design of the european digital identity wallet should technically enable the selective disclosure of attributes to relying parties. privacy by design should become a standard design feature of the european digital identity wallet , thereby maximising user control , convenience and personal data protection including minimisation of processing of personal data.


### (42) ‘european digital identity wallet’ is a product and service that allows the user to store identity data , credentials and attributes linked to her/his identity , to provide them to relying parties on request and to use them for authentication , online and offline , for a service in accordance with article 6a; and to create qualified electronic signatures and seals; ### (42) ‘european digital identity wallet’ is a product and service that any eu citizen can freely decide whether to use or not and that on a strictly voluntary basis allows the user to store identity data , credentials and attributes linked to her/his identity , to provide them to relying parties on request and to use them for authentication , online and offline , for a service in accordance with article 6a; and to create qualified electronic signatures and seals;


### (43) ‘attribute’ is a feature , characteristic or quality of a natural or legal person or of an entity , in electronic form; ### (43) ‘attribute’ is a characteristic or quality of a natural or legal person or of an entity , in electronic form;


### 2. european digital identity wallets shall be issued: ### 2. european digital identity wallets shall be provided:


### independently but recognised by a member state. ### by a qualified trust service provider established in the union.


### provide a mechanism to ensure that the relying party is able to authenticate the user and to receive electronic attestations of attributes; ### provide a mechanism to ensure that the relying party is able to anonymously authenticate the user and to receive electronic attestations of attributes that can be validated in the form of selective disclosures and minimise the processing of personal data;


### 6. the european digital identity wallets shall be issued under a notified electronic identification scheme of level of assurance ‘high’. the use of the european digital identity wallets shall be free of charge to natural persons. ### 6. the european digital identity wallets shall be issued under a notified electronic identification scheme of level of assurance ‘high’ and shall ensure cybersecurity by design. in particular , european digital identity wallets shall offer resistance to skilled attackers , ensure the confidentiality , integrity and availability of the content of the european digital identity wallet , including person identification data , attributes , electronic attestations of attributes and credentials and request the secure , explicit and active user confirmation of its operation. the use of the european digital identity wallets shall be on a voluntary basis. european digital identity wallets issued or mandated by the member states shall be free of charge to all natural and legal persons.”


### 6. the european digital identity wallets shall be issued under a notified electronic identification scheme of level of assurance ‘high’. the use of the european digital identity wallets shall be free of charge to natural persons. ### 6. the european digital identity wallets shall be issued under a notified electronic identification scheme of level of assurance ‘high’. the use of the european digital identity wallets shall be free of charge to natural persons , non-profitable institutions , unions and charitable organisations.


### 7. the user shall be in full control of the european digital identity wallet. the issuer of the european digital identity wallet shall not collect information about the use of the wallet which are not necessary for the provision of the wallet services , nor shall it combine person identification data and any other personal data stored or relating to the use of the european digital identity wallet with personal data from any other services offered by this issuer or from third-party services which are not necessary for the provision of the wallet services , unless the user has expressly requested it. personal data relating to the provision of european digital identity wallets shall be kept physically and logically separate from any other data held. if the european digital identity wallet is provided by private parties in accordance to paragraph 1 (b) and (c) , the provisions of article 45f paragraph 4 shall apply mutatis mutandis. ### 7. the user shall be in full control of the european digital identity wallet and its own data. the issuer of the european digital identity wallet shall ensure that it is built on privacy by design principle. in particular , the ediw shall have the following features:


### 3. the conformity of european digital identity wallets with the requirements laid down in article 6a paragraphs 3 , 4 and 5 shall be certified by accredited public or private bodies designated by member states. ### 3. the conformity of european digital identity wallets with the requirements laid down in article 6a paragraphs 3 , 4 and 5 shall be certified by accredited public bodies designated by member states.


### 5. member states shall communicate to the commission the names and addresses of the public or private bodies referred to in paragraph 3. the commission shall make that information available to member states. ### 5. member states shall communicate to the commission the names and addresses of the conformity assessment bodies referred to in paragraph 3. the commission shall make that information available to other member states.


### 5. member states shall communicate to the commission the names and addresses of the public or private bodies referred to in paragraph 3. the commission shall make that information available to member states. ### 5. member states shall communicate to the commission the names and addresses of the public bodies referred to in paragraph 3. the commission shall make that information available to member states.


### when an electronic identification using an electronic identification means and authentication is required under national law to access an online service provided by a public sector body , person identification data in the electronic attestation of attributes shall not substitute electronic identification using an electronic identification means and authentication for electronic identification unless specifically allowed by the member state or the public sector body. in such a case , qualified electronic attestation of attributes from other member states shall also be accepted. ### when an electronic identification using an electronic identification means and authentication is required under national law to access an online service provided by a public sector body , person identification data in the electronic attestation of attributes shall not substitute electronic identification using an electronic identification means and authentication for electronic identification unless specifically allowed by the member state or the public sector body. in such a case , qualified electronic attestation of attributes from other member states shall also be accepted. in any case , the access of individuals to public services connected to fundamental human rights can never be denied for the sole unavailability of electronic identification means , where other identification tools are provided by the interested person or may be somehow recollected by public service providers. in no case of malfunctioning , hacking or other electronic issues , individuals may be hindered or prevented from enjoying in a full manner they fundamental rights , such as that to free circulation , to public healthcare , to not being discriminated , to do his job , to receive education , and more.


### 2. a qualified electronic ledger shall enjoy the presumption of the uniqueness and authenticity of the data it contains , of the accuracy of their date and time , and of their sequential chronological ordering within the ledger. ### 2. a qualified electronic ledger shall enjoy until proven otherwise the presumption of the uniqueness and authenticity of the data it contains , of the accuracy of their date and time , and of their sequential chronological ordering within the ledger.


### (3) the commission communication of 9 march 2021 entitled “2030 digital compass: the european way for the digital decade”18 sets the objective of a union framework which , by 2030 , leads to wide deployment of a trusted , user-controlled identity , allowing each user to control their own online interactions and presence. ### (3) the commission communication of 9 march 2021 entitled “2030 digital compass: the european way for the digital decade”18 sets the objective of a union framework which , by 2030 , leads to wide deployment of a trusted , user-controlled identity , allowing each user to control their own online interactions and presence. everyone could have access to digital technologies , products and services that are safe , secure , and privacy-protective by design and undertakes to protecting the interests of people , businesses and public institutions against cybercrime , data breaches and cyberattacks , including protecting digital identity from identity theft or manipulation. this possibility should be in addition to the standard practice of providing paper certificates for identification purposes for areas of transport , energy , banking and financial services , social security , health , drinking water , postal services , digital infrastructure , educational and professional qualifications , or telecommunications.


### (30) attributes provided by the qualified trust service providers as part of the qualified attestation of attributes should be verified against the authentic sources either directly by the qualified trust service provider or via designated intermediaries recognised at national level in accordance with national or union law for the purpose of secure exchange of attested attributes between identity or attestation of attributes’ service providers and relying parties. ### (30) attributes provided by the qualified trust service providers as part of the qualified attestation of attributes should be verified only in objectively suspicious cases against the authentic sources either directly by the qualified trust service provider or via designated intermediaries recognised at national level in accordance with national or union law for the purpose of secure exchange of attested attributes between identity or attestation of attributes’ service providers and relying parties.


### 1. the commission shall review the application of this regulation and shall report to the european parliament and to the council within 24 months after its entering into force. the commission shall evaluate in particular whether it is appropriate to modify the scope of this regulation or its specific provisions taking into account the experience gained in the application of this regulation , as well as technological , market and legal developments. where necessary , that report shall be accompanied by a proposal for amendment of this regulation. ### 1. the commission shall review the application of this regulation and shall report to the european parliament and to the council within 9 months after its entering into force. the commission shall evaluate in particular whether it is appropriate to modify the scope of this regulation or its specific provisions taking into account the experience gained in the application of this regulation , as well as technological , market and legal developments. where necessary , that report shall be accompanied by a proposal for amendment of this regulation.


### 3. in addition , the commission shall submit a report to the european parliament and the council every four years after the report referred to in the first paragraph on the progress towards achieving the objectives of this regulation. ### 3. in addition , the commission shall submit a report to the european parliament and the council every year after the report referred to in the first paragraph on the progress towards achieving the objectives of this regulation.


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


### (20) for the purpose of this regulation , election should be understood as the elections to the european parliament as well as all elections or referendums organised at national , regional and local level in the member states and elections to establish political party leadership. it should not include other forms of elections such as privately organised ballots. ### (20) for the purpose of this regulation , election should be understood as the elections to the european parliament as well as referendums organised at european union level. it should not include other forms of elections such as privately organised ballots.


### (22) political actors within the meaning of this regulation should refer to concepts defined under union law , as well as under national law in line with international legal instruments such as those of the council of europe. the concept of political parties should include their affiliated and subsidiary entities established , with or without legal personality , in order to support them or pursue their objectives , for instance by engaging with a specific group of voters or for a specific electoral purpose. ### (22) political actors within the meaning of this regulation should refer to concepts defined under union law for elections of the european parliament. the concept of political parties should include their affiliated and subsidiary entities established , with or without legal personality , in order to support them or pursue their objectives , for instance by engaging with a specific group of voters or for a specific electoral purpose.


### the standards referred to in the first subparagraph of article 4(2) are not in line with eu climate and environmental legislation and ambition; ### the standards referred to in the first subparagraph of article 4(2) are not in line with eu environmental legislation and ambition;


### 2. where diverging statements of non-compliance of an economic operator or of a product and requests for corrective action emanate from authorities of different member states , an economic operator shall take differentiated measures , subject to where the products are intended to be made available on the market or directly installed. where this is not possible or where a more severe measure imposed by one member state encompasses the less severe measure imposed by another , the more severe measure shall be taken. where these rules do not lead to a clear result , the member states concerned and the commission , and , on their request , other member states shall try to find a common solution and , if need is , adopt an implementing act in accordance with article 33. ### 2. where diverging statements of non-compliance of an economic operator or of a product and requests for corrective action emanate from authorities of different member states , the member states concerned and the commission , and , on their request , other member states shall try to find a common solution and , if need is , adopt an implementing act in accordance with article 33.


### bank accounts of these operators; and ### deleted


### that technical documentation shall contain the mandatory or facultative calculation of environmental , including climate sustainability assessed in accordance with harmonised technical specifications adopted under this regulation or with commission acts adopted under this regulation. ### that technical documentation shall contain the mandatory or possibly the facultative calculation of environmental sustainability assessed in accordance with harmonised technical specifications adopted under this regulation or with commission acts adopted under this regulation.


### respect the minimum recycled content obligations and other limit values regarding aspects of environmental , including climate sustainability contained in harmonised technical specifications; ### respect the minimum recycled content obligations and other limit values regarding aspects of environmental sustainability contained in harmonised technical specifications;


### article 33 ### deleted


### article 62 ### deleted


### article 73 ### deleted


### 1. market surveillance authorities shall enter into the information and communication system referred to in article 34 of regulation (eu) 2019/1020 information on the nature and severity of any penalty imposed in relation to non-compliance with this regulation. ### deleted