Europaudvalget 2021
KOM (2021) 0804
Offentligt
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EUROPEAN COMMISSION
Brussels, 17.9.2021
SEC(2021) 431 final
REGULATORY SCRUTINY BOARD OPINION
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on common rules for the internal markets in renewable and natural gases and in
hydrogen
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the internal markets for renewable and natural gases and for hydrogen
(recast)
{COM(2021) 803, 804 final}
{SWD(2021) 455 – 458 final}
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Ref. Ares(2021)5694914 - 17/09/2021
EUROPEAN COMMISSION
Regulatory Scrutiny Board
Brussels,
RSB
Opinion
Title:
Impact assessment / Revision of EU rules on Gas
Overall opinion:
POSITIVE WITH RESERVATIONS
(A) Policy context
Energy markets will need to transform to move towards an economy-wide net zero target,
in line with the Climate Target Plan and the ‘Fit for 55’ package. The aim is to ensure that
this transition can be achieved in a non-disruptive and cost-effective manner.
The EU Strategies for Energy System Integration and Hydrogen set out how energy
markets could contribute to the goals of the European Green Deal. This included the
replacement of fossil gases by renewable and low carbon methane and hydrogen. Both
strategies propose the revision of the legislative framework to design competitive
decarbonised gas markets. This should increase the contribution of the gas sector to
decarbonisation of the overall energy system.
This initiative proposes to revise EU gas rules to facilitate the creation of the European
hydrogen market and gradual decarbonisation of gaseous fuels markets. It also foresees
measures for integrated infrastructure planning.
(B) Summary of findings
The Board notes the useful additional information provided in advance of the
meeting and commitments to make changes to the report.
However, the report still contains significant shortcomings. The Board gives a
positive opinion with reservations because it expects the DG to rectify the following
aspects:
(1) The construction of the baseline and the options is not sufficiently clear.
(2) The report does not adequately analyse the distributional impacts.
(C) What to improve
(1) The conclusions of the evaluation should be fully integrated into the problem
description. The report should address both the conclusions related to decarbonisation as
well as those related to market issues. The problem definition should address how the
________________________________
This opinion concerns a draft impact assessment which may differ from the final version.
Commission européenne, B-1049 Bruxelles - Belgium. Office: BERL 08/010. E-mail: [email protected]
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initiative shifts the nature of energy security towards resilience.
(2) The report should clearly spell out the role of the initiative as part of the enabling
framework of the ‘Fit for 55’ package. It should explain why there is no common approach
on the baseline between follow-up initiatives to the July Fit for 55 package. It should better
describe how its baseline integrates the already proposed Fit for 55 initiatives. It should
clarify the differences between the baseline and Option 0 and explain which one is used as
point of comparison for the impact analysis and why.
(3) The report should be clear how the options were constructed and explain why certain
measures are in one option, and not in another. The construction of the options should
clearly reflect the main policy choices.
(4) The impact analysis should distinguish more between different actors, in particular
between natural gas and hydrogen producers and consumers. This should include an
assessment of the effects of the inbuilt flexibilities on different types of actors and a risk of
fragmentation between Member States in the transition period.
(5) The report should provide an assessment of how the initiative may have different
impacts for SMEs compared to other (larger) companies. The report should clarify the
legal delivery instruments foreseen for the measures contained in the preferred option.
(6) The report should better reflect the dissenting and minority views throughout the
report, including in the problem definition, the construction of the options, analysis of
impacts and the choice of preferred option.
(7) The narrative of the report should be significantly improved. It should be re-written so
that a non-expert reader understands easily all the issues at stake and the policy choices to
be made. The glossary should be completed.
(8) The cost and benefit tables (in Annex 3) should be completed in the appropriate
format.
Some more technical comments have been sent directly to the author DG.
(D) Conclusion
The DG must revise the report in accordance with the Board’s findings before
launching the interservice consultation.
Full title
Reference number
Revision of EU rules on Gas
PLAN/2020/8564
PLAN/2020/8563
Submitted to RSB on
Date of RSB meeting
20 July 2021
15 September 2021
2
Electronically signed on 17/09/2021 10:53 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482