What changed, Regulation (EU) 2022/869

+ **8.** ►M3 With regard to the environmental impacts addressed in Article 6(4) of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 4(14) and (15) and Article 5(11) and (12) of Regulation (EU) 2024/1991 of the European Parliament and of the Council (2), provided that all the condi…
− **8.** ►M2 With regard to the environmental impacts addressed in Article 6(4) of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 4(14) and (15) and Article 5(11) and (12) of Regulation (EU) 2024/1991 of the European Parliament and of the Council (2), provided that all the condi…
+ **1.** The ENTSO for Electricity and the European Network of Network Operators for Hydrogen (ENNOH) referred to in Article 57 of Regulation (EU) 2024/1789 of the European Parliament and of the Council (3) shall draft consistent single sector draft methodologies, including the energy network and mark…
− **1.** The ENTSO for Electricity and the ENTSO for Gas shall draft consistent single sector draft methodologies, including the energy network and market model referred to in paragraph 10 of this Article, for a harmonised energy system-wide cost-benefit analysis at Union level for projects on the Uni…
+ The methodologies referred to in the first subparagraph of this paragraph shall be drawn up in line with the principles laid down in Annex V, shall be based on common assumptions allowing for project comparison, and shall be consistent with the Union’s 2030 targets for energy and climate and its 205…
− The methodologies referred to in the first subparagraph of this paragraph shall be drawn up in line with the principles laid down in Annex V, be based on common assumptions allowing for project comparison, and be consistent with the Union’s 2030 targets for energy and climate and its 2050 climate ne…
+ The methodologies referred to in the first subparagraph of this paragraph shall be applied for the preparation of each subsequent Union-wide ten-year network development plans developed by the ENTSO for Electricity pursuant to Article 30 of Regulation (EU) 2019/943 or the ENNOH pursuant to Article 6…
− The methodologies referred to in the first subparagraph of this paragraph shall be applied for the preparation of each subsequent Union-wide ten-year network development plans developed by the ENTSO for Electricity pursuant to Article 30 of Regulation (EU) 2019/943 or the ENTSO for Gas pursuant to A…
+ By 24 April 2023, the ENTSO for Electricity shall publish and submit to Member States, the Commission and the Agency its consistent single sector draft methodology after gathering input from the relevant stakeholders during the consultation process referred to in paragraph 2 of this Article. Any met…
− By 24 April 2023, the ENTSO for Electricity and the ENTSO for Gas shall publish and submit to Member States, the Commission and the Agency their respective consistent single sector draft methodologies after having gathered input from the relevant stakeholders during the consultation process referred…
+ **2.** Prior to submitting their respective draft methodologies to the Member States, the Commission and the Agency in accordance with paragraph 1, the ENTSO for Electricity and the ENNOH shall publish preliminary draft methodologies and conduct an extensive consultation process and seek recommendat…
− **2.** Prior to submitting their respective draft methodologies to the Member States, the Commission and the Agency in accordance with paragraph 1, the ENTSO for Electricity and the ENTSO for Gas shall publish preliminary draft methodologies and conduct an extensive consultation process and seek rec…
+ The European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 of the European Parliament and of the Council (4) may, on its own initiative, submit an opinion to the draft methodologies.
− The European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 of the European Parliament and of the Council (3) may, on its own initiative, submit an opinion to the draft methodologies.
+ Where applicable, Member States, and stakeholders referred to in the first subparagraph shall submit and make publicly available their recommendations and the European Scientific Advisory Board on Climate Change shall submit and make publicly available its opinion to the Agency and, as applicable, t…
− Where applicable, Member States, and stakeholders referred to in the first subparagraph shall submit and make publicly available their recommendations and the European Scientific Advisory Board on Climate Change shall submit and make publicly available its opinion to the Agency and, as applicable, t…
+ The consultation process shall be open, timely and transparent. The ENTSO for Electricity and the ENNOH shall prepare and make public a report on the consultation process.
− The consultation process shall be open, timely and transparent. The ENTSO for Electricity and the ENTSO for Gas shall prepare and make public a report on the consultation process.
+ The ENTSO for Electricity and the ENNOH shall provide reasons where they have not, or have only partly, taken into account the recommendations from Member States or the stakeholders, as well as from national authorities, or the opinion of the European Scientific Advisory Board on Climate Change.
− The ENTSO for Electricity and the ENTSO for Gas shall provide reasons where they have not, or have only partly, taken into account the recommendations from Member States or the stakeholders, as well as from national authorities, or the opinion of the European Scientific Advisory Board on Climate Cha…
+ **3.** Within three months of receipt of the draft methodologies together with the input received in the consultation process and the report on the consultation, the Agency shall provide an opinion to the ENTSO for Electricity and the ENNOH. The Agency shall notify its opinion to the ENTSO for Elect…
− **3.** Within three months of receipt of the draft methodologies together with the input received in the consultation process and the report on the consultation, the Agency shall provide an opinion to the ENTSO for Electricity and the ENTSO for Gas. The Agency shall notify its opinion to the ENTSO f…
+ **4.** Within three months of receipt of the draft methodologies, Member States may deliver their opinions to the ENTSO for Electricity and the ENNOH and the Commission. To facilitate the consultation, the Commission may organise specific meetings of the Groups to discuss the draft methodologies.
− **4.** Within three months of receipt of the draft methodologies, Member States may deliver their opinions to the ENTSO for Electricity and the ENTSO for Gas and the Commission. To facilitate the consultation, the Commission may organise specific meetings of the Groups to discuss the draft methodolo…
+ **5.** Within three months of receipt of the opinions of the Agency and Member States, as referred to in paragraphs 3 and 4, the ENTSO for Electricity and the ENNOH shall amend their respective methodologies to fully take into account the opinions of the Agency and the Member States and submit them …
− **5.** Within three months of receipt of the opinions of the Agency and Member States, as referred to in paragraphs 3 and 4, the ENTSO for Electricity and the ENTSO for Gas shall amend their respective methodologies to fully take into account the opinions of the Agency and the Member States and subm…
+ **6.** Within two weeks of the approval by the Commission in accordance with paragraph 5, the ENTSO for Electricity and the ENNOH shall publish their respective methodologies on their websites. They shall publish the corresponding input data and other relevant network, load flow and market data in a…
− **6.** Within two weeks of the approval by the Commission in accordance with paragraph 5, the ENTSO for Electricity and the ENTSO for Gas shall publish their respective methodologies on their websites. They shall publish the corresponding input data and other relevant network, load flow and market d…
+ **8.** For projects falling under the energy infrastructure categories set out in point (1)(c) and (e) and in points (2), (4) and (5) of Annex II, the Commission shall ensure the development of methodologies for a harmonised energy system-wide cost-benefit analysis at Union level. Those methodologie…
− **8.** For projects falling under the energy infrastructure categories set out in point (1)(c) and (e) and in points (2), (4) and (5) of Annex II, the Commission shall ensure the development of methodologies for a harmonised energy system-wide cost-benefit analysis at Union level. Those methodologie…
+ The Agency shall publish the first indicators for the infrastructure categories set out in points (1), (2) and (3) of Annex II, by 24 April 2023, to the extent that data is available to calculate robust indicators and reference values. Those reference values may be used by the ENTSO for Electricity …
− The Agency shall publish the first indicators for the infrastructure categories set out in points (1), (2) and (3) of Annex II by 24 April 2023, to the extent that data is available to calculate robust indicators and reference values. Those reference values may be used by the ENTSO for Electricity a…
+ **10.** By 31 October 2025, following an extensive consultation process of stakeholders referred to in paragraph 2, first subparagraph, the ENTSO for Electricity, ENTSO for Gas, and the ENNOH shall jointly submit to the Commission and the Agency a consistent and progressively integrated model that w…
− **10.** By 24 June 2025, following an extensive consultation process of stakeholders referred to in paragraph 2, first subparagraph, the ENTSO for Electricity and the ENTSO for Gas shall jointly submit to the Commission and the Agency a consistent and progressively integrated model that will provide…
+ **11.** The model referred to in paragraph 10 shall cover at least the relevant sectors’ interlinkages at all stages of infrastructure planning, specifically scenarios, technologies and spatial resolution, infrastructure gaps identification in particular with respect to cross-border capacities, and …
− **11.** The model referred to in paragraph 10, shall cover at least the relevant sectors’ interlinkages at all stages of infrastructure planning, specifically scenarios, technologies and spatial resolution, infrastructure gaps identification in particular with respect to cross-border capacities, and…
+ **14.** Until 1 January 2027, this Article applies subject to the transitional provisions set out in Article 61 of Regulation (EU) 2024/1789.
+ 
+ **1.** By 24 January 2023, the Agency, after conducting an extensive consultation process involving the Commission, the Member States, the ENTSO for Electricity, the ENTSO for Gas, the EU DSO entity and at least the organisations representing associations involved in electricity, natural gas and hyd…
− **1.** By 24 January 2023, the Agency, after having conducted an extensive consultation process involving the Commission, the Member States, the ENTSO for Electricity, the ENTSO for Gas, the EU DSO entity and at least the organisations representing associations involved in electricity, gas and hydro…
+ The framework guidelines referred to in the first subparagraph shall establish criteria for a transparent, non-discriminatory and robust development of scenarios taking into account best practices in the field of infrastructures assessment and network development planning. The framework guidelines s…
− The guidelines shall establish criteria for a transparent, non-discriminatory and robust development of scenarios taking into account best practices in the field of infrastructures assessment and network development planning. The guidelines shall also aim to ensure that the underlying ENTSO for Elec…
+ The European Scientific Advisory Board on Climate Change may, on its own initiative, provide input on how to ensure compliance of scenarios with the Union’s 2030 targets for energy and climate and its 2050 climate neutrality objective. The Agency shall take duly into account that input in the framew…
− The European Scientific Advisory Board on Climate Change may, on its own initiative, provide input on how to ensure compliance of scenarios with the Union’s 2030 targets for energy and climate and its 2050 climate neutrality objective. The Agency shall take duly into account that input in the framew…
+ **2.** The ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall follow the Agency’s framework guidelines when developing the joint scenarios to be used for the Union-wide ten-year network development plans.
− **2.** The ENTSO for Electricity and ENTSO for Gas shall follow the Agency’s framework guidelines when developing the joint scenarios to be used for the Union-wide ten-year network development plans.
+ **3.** The ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall invite the organisations representing all relevant stakeholders, including the EU DSO entity, associations involved in electricity, natural gas and hydrogen markets, heating and cooling, carbon capture and storage and carbon cap…
− **3.** The ENTSO for Electricity and ENTSO for Gas shall invite the organisations representing all relevant stakeholders, including the EU DSO entity, associations involved in electricity, gas and hydrogen markets, heating and cooling, carbon capture and storage and carbon capture and utilisation st…
+ **4.** The ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall publish and submit the draft joint scenarios report to the Agency, the Member States and the Commission for their opinion.
− **4.** The ENTSO for Electricity and the ENTSO for Gas shall publish and submit the draft joint scenarios report to the Agency, the Member States and the Commission for their opinion.
+ **5.** Within three months of receipt of the draft joint scenarios report together with the input received in the consultation process and a report on how it was taken into account, the Agency shall submit its opinion on compliance of the scenarios with the framework guidelines referred to in paragr…
− **5.** Within three months of receipt of the draft joint scenarios report together with the input received in the consultation process and a report on how it was taken into account, the Agency shall submit its opinion on compliance of the scenarios with the framework guidelines referred to in paragr…
+ **6.** Within three months of receipt of the opinion referred to in paragraph 5, the Commission, taking into account the opinions of the Agency and Member States, shall approve the draft joint scenarios report or request the ENTSO for Electricity, the ENTSO for Gas and the ENNOH to amend it.
− **6.** Within three months of receipt of the opinion referred to in paragraph 5, the Commission taking into account the opinions of the Agency and Member States shall approve the draft joint scenarios report or request the ENTSO for Electricity and the ENTSO for Gas to amend it.
+ The ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall provide reasons explaining how any request for amendments from the Commission has been addressed.
− The ENTSO for Electricity and the ENTSO for Gas shall provide reasons explaining how any request for amendments from the Commission has been addressed.
+ In the event the Commission does not approve the joint scenarios report, it shall provide a reasoned opinion to the ENTSO for Electricity, the ENTSO for Gas and the ENNOH.
− In the event the Commission does not approve the joint scenarios report, it shall provide a reasoned opinion to the ENTSO for Electricity and the ENTSO for Gas.
+ **7.** Within two weeks of the approval of the joint scenarios report in accordance with paragraph 6, the ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall publish it on their websites. They shall also publish the corresponding input and output data in a sufficiently clear and accurate fo…
+ 
+ **8.** Until 1 January 2027, this Article applies subject to the transitional provisions set out in Article 61 of Regulation (EU) 2024/1789.
− **7.** Within two weeks of the approval of the joint scenarios report in accordance with paragraph 6, the ENTSO for Electricity and the ENTSO for Gas shall publish it on their websites. They shall also publish the corresponding input and output data in a sufficiently clear and accurate form for a th…
+ ### Article 13 — Infrastructure gaps identification
− ### Article 13 — Infrastructure Gaps Identification
+ **1.** Within six months of approval of the joint scenarios report pursuant to Article 12(6) and every two years thereafter, the ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall publish the infrastructure gaps reports developed within the framework of the Union-wide ten-year network deve…
− **1.** Within six months of approval of the joint scenarios report pursuant to Article 12(6) and every two years thereafter, the ENTSO for Electricity and the ENTSO for Gas shall publish the infrastructure gaps reports developed within the framework of the Union-wide ten-year network development pla…
+ When assessing the infrastructure gaps the ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall base their analysis on the scenarios established under Article 12, implement the energy efficiency first principle and consider with priority all relevant alternatives to new infrastructure. When …
− When assessing the infrastructure gaps the ENTSO for Electricity and the ENTSO for Gas shall base their analysis on the scenarios established under Article 12, implement the energy efficiency first principle and consider with priority all relevant alternatives to new infrastructure. When considering…
+ Prior to publishing their respective reports, the ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall conduct an extensive consultation process involving all relevant stakeholders, including the EU DSO entity, associations involved in electricity, natural gas and hydrogen markets, heating a…
+ 
+ **2.** The ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall submit their respective draft infrastructure gaps report to the Agency and the Commission and Member States for their opinion.
− Prior to publishing their respective reports, the ENTSO for Electricity and the ENTSO for Gas shall conduct an extensive consultation process involving all relevant stakeholders, including the EU DSO entity, associations involved in electricity, gas and hydrogen markets, heating and cooling, carbon …
+ **3.** Within three months of receipt of the infrastructure gaps report together with the input received in the consultation process and a report on how it was taken into account, the Agency shall submit its opinion to the ENTSO for Electricity, the ENTSO for Gas or the ENNOH, the Commission and Mem…
− **2.** The ENTSO for Electricity and the ENTSO for Gas shall submit their respective draft infrastructure gaps report to the Agency and the Commission and Member States for their opinion.
+ **4.** Within three months of receipt of the Agency’s opinion referred to in paragraph 3, the Commission shall, taking the Agency’s opinion into account and with input from the Member States, draft its opinion and submit it to the ENTSO for Electricity, the ENTSO for Gas or the ENNOH.
− **3.** Within three months of receipt of the infrastructure gaps report together with the input received in the consultation process and a report on how it was taken into account, the Agency shall submit its opinion to the ENTSO for Electricity or ENTSO for Gas, the Commission and Member States and …
+ **5.** The ENTSO for Electricity, the ENTSO for Gas and the ENNOH shall adapt their infrastructure gaps reports taking due account of the Agency’s opinion and in line with the Commission’s and the Member States’ opinions and make them publicly available.
− **4.** Within three months of receipt of the Agency’s opinion referred to in paragraph 3, the Commission shall, taking the Agency’s opinion into account and with input from the Member States, draft its opinion and submit it to the ENTSO for Electricity or the ENTSO for Gas.
+ **6.** Until 1 January 2027, this Article applies subject to the transitional provisions set out in Article 61 of Regulation (EU) 2024/1789.
− **5.** The ENTSO for Electricity and the ENTSO for Gas shall adapt their infrastructure gaps reports taking due account of the Agency’s opinion and in line with the Commission’s and the Member States’ opinions and make them publicly available.
+ **10.** This Article shall not apply to projects of common interest which have received an exemption from:(a) Articles 32, 33 and 34 and Article 41(6), (8) and (10) of Directive 2009/73/EC, pursuant to Article 36 of that Directive;(b) Article 19(2) and (3) of Regulation (EU) 2019/943 or Article 6, A…
− **10.** This Article shall not apply to projects of common interest which have received an exemption from:(a) Articles 32, 33 and 34 and Article 41(6), (8) and (10) of Directive 2009/73/EC, pursuant to Article 36 of that Directive;(b) Article 19(2) and (3) of Regulation (EU) 2019/943 or Article 6, A…
+ ‘(c) carry out the obligations laid out in Article 5, Article 11(3), Article 11(6) to (9), Articles 12, 13 and 17 and in Section 2, point (12), of Annex III to Regulation (EU) 2022/869 of the European Parliament and the Council (6);
− ‘(c) carry out the obligations laid out in Article 5, Article 11(3), Article 11(6) to (9), Articles 12, 13 and 17 and in Section 2, point (12), of Annex III to Regulation (EU) 2022/869 of the European Parliament and the Council (*1);
+ ‘(v) carrying out the obligations laid out in Article 3, Article 5(7) and Articles 14 to 17 of Regulation (EU) 2022/869 of the European Parliament and the Council (7).
− ‘(v) carrying out the obligations laid out in Article 3, Article 5(7) and Articles 14 to 17 of Regulation (EU) 2022/869 of the European Parliament and the Council (*2).
+ ‘(aa) carrying out the obligations laid out in Article 3, Article 5(7) and Articles 14 to 17 of Regulation (EU) 2022/869 of the European Parliament and the Council (8).
− ‘(aa) carrying out the obligations laid out in Article 3, Article 5(7) and Articles 14 to 17 of Regulation (EU) 2022/869 of the European Parliament and the Council (*3).
+ This Regulation shall not affect the granting, continuation or modification of financial assistance awarded by the Commission pursuant to Regulation (EU) No 1316/2013 of the European Parliament and of the Council (9).
− This Regulation shall not affect the granting, continuation or modification of financial assistance awarded by the Commission pursuant to Regulation (EU) No 1316/2013 of the European Parliament and of the Council (5).
+ **5.** In the Annexes to this Regulation, any reference to ‘ENTSO for Gas’ shall be understood to mean ‘the ENTSO for Gas and the ENNOH’ for the purpose of the transitional provisions pursuant to Article 61 of Regulation (EU) 2024/1789. From 1 January 2027, any reference to ‘ENTSO for Gas’ shall be …
+ 
+ **2.** Notwithstanding paragraph 1 of this Article, Annex VII to Regulation (EU) No 347/2013, as amended by Commission Delegated Regulation (EU) 2022/564 (10), containing the fifth Union list of projects of common interest as well as Articles 2 to 10, Articles 12, 13 and 14, and Annexes I to IV and …
− **2.** Notwithstanding paragraph 1 of this Article, Annex VII to Regulation (EU) No 347/2013, as amended by Commission Delegated Regulation (EU) 2022/564 (6), containing the fifth Union list of projects of common interest as well as Articles 2 to 10, Articles 12, 13 and 14, and Annexes I to IV and A…