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Regulation (EU) 2024/1789 of the European Parliament and of the Council of 13 June 2024 on the internal markets for renewable gas, natural gas and hydrogen, amending Regulations (EU) No 1227/2011, (EU) 2017/1938, (EU) 2019/942 and (EU) 2022/869 and Decision (EU) 2017/684 and repealing Regulation (EC) No 715/2009 (recast) (Text with EEA relevance)

article  21

CELEX:  32024R1789

Cross-border coordination with regard to gas quality in the natural gas system
1. Transmission system operators shall cooperate to avoid restrictions to cross-border flows due to gas quality differences at interconnection points between Member States. When so cooperating, transmission system operators shall take into account the characteristics of installations of final natural gas customers. This Article shall not apply to hydrogen blends where the hydrogen content blended into the natural gas system exceeds 2 % by volume.
2. Member States shall ensure that diverging technical specifications, including gas quality parameters such as oxygen content and hydrogen blending in the natural gas system, are not used to restrict cross-border natural gas flows. In addition, Member States shall ensure that hydrogen blends in the natural gas system are aligned with the technical specifications acceptable to customers.
Regulation (EU) 2024/1789 of the European Parliament and of the Council of 13 June 2024 on the internal markets for renewable gas, natural gas and hydrogen, amending Regulations (EU) No 1227/2011, (EU) 2017/1938, (EU) 2019/942 and (EU) 2022/869 and Decision (EU) 2017/684 and repealing Regulation (EC) No 715/2009 (recast) (Text with EEA relevance)

article  21

CELEX:  32024R1789

3. Where a restriction to cross-border flows due to gas quality differences cannot be avoided by the transmission system operators concerned in their standard operations, they shall inform the regulatory authorities concerned without delay. The information shall include a description and the reasons justifying any measures already taken by the transmission system operators.
4. The regulatory authorities concerned shall jointly agree, within six months of receipt of the information referred to in paragraph 3, whether to recognise the restriction.
5. As regards restrictions to cross-border flows caused by differences in hydrogen blending in the natural gas system and that are recognised pursuant to paragraph 4, transmission system operators shall accept natural gas flows with a hydrogen content at interconnection points between Member States in the natural gas system subject to paragraphs 6 to 13, and after completion of the procedure laid down therein.
Regulation (EU) 2024/1789 of the European Parliament and of the Council of 13 June 2024 on the internal markets for renewable gas, natural gas and hydrogen, amending Regulations (EU) No 1227/2011, (EU) 2017/1938, (EU) 2019/942 and (EU) 2022/869 and Decision (EU) 2017/684 and repealing Regulation (EC) No 715/2009 (recast) (Text with EEA relevance)

article  21

CELEX:  32024R1789

6. Where the regulatory authorities concerned recognise the restriction pursuant to paragraph 4, they shall request the transmission system operators concerned to perform, within 12 months of the recognition of the restriction as referred to in that paragraph, the following actions in sequence:
(a) to cooperate and develop technically feasible options, without changing the gas quality specifications, which may include flow commitments and natural gas treatment, in order to remove the recognised restriction taking into account information provided by final customers directly connected to the natural gas system of the transmission system operator concerned or any other stakeholder that could be affected by that procedure;
(b) jointly to carry out a cost-benefit analysis on the technically feasible options to define economically efficient solutions which shall specify the breakdown of costs and benefits among the categories of affected parties;
(c) to produce an estimate of the implementation time for each potential option;
(d) to conduct a public consultation, in particular of final customers affected that are connected to the natural gas system, on identified feasible solutions and take into consideration the results of that consultation;
(e) to submit a joint proposal, on the basis of the cost-benefit analysis and results of the public consultation, for a solution removing the recognised restriction, including the timeframe for its implementation, to their regulatory authorities concerned for approval and to the other competent national authorities of each Member State concerned for information.
Regulation (EU) 2024/1789 of the European Parliament and of the Council of 13 June 2024 on the internal markets for renewable gas, natural gas and hydrogen, amending Regulations (EU) No 1227/2011, (EU) 2017/1938, (EU) 2019/942 and (EU) 2022/869 and Decision (EU) 2017/684 and repealing Regulation (EC) No 715/2009 (recast) (Text with EEA relevance)

article  21

CELEX:  32024R1789

7. Where the transmission system operators concerned do not reach an agreement to submit a joint proposal pursuant to paragraph 6, point (e), each transmission system operator shall inform its regulatory authority without delay.
8. The regulatory authorities concerned shall take a joint coordinated decision to remove the recognised restriction, taking into account the cost-benefit analysis carried out by the transmission system operators concerned and the results of the public consultation conducted pursuant to paragraph 6, point (d), of this Article within six months of receipt of the information referred to in paragraph 7 of this Article in accordance with Article 6(10) of Regulation (EU) 2019/942.
Regulation (EU) 2024/1789 of the European Parliament and of the Council of 13 June 2024 on the internal markets for renewable gas, natural gas and hydrogen, amending Regulations (EU) No 1227/2011, (EU) 2017/1938, (EU) 2019/942 and (EU) 2022/869 and Decision (EU) 2017/684 and repealing Regulation (EC) No 715/2009 (recast) (Text with EEA relevance)

article  21

CELEX:  32024R1789

9. By way of derogation from paragraph 8 of this Article, for restrictions to cross-border flows caused by differences in hydrogen blending in the natural gas system, the regulatory authorities concerned may jointly declare that no further action is to be pursued to remove such restrictions. The joint coordinated decision shall be taken within six months of receipt of the information referred to in paragraph 7 of this Article in accordance with Article 6(10) of Regulation (EU) 2019/942 and shall take into account the cost-benefit analysis and the results of the public consultation conducted pursuant to paragraph 6, point (d), of this Article. The regulatory authorities concerned shall review a decision to maintain the recognised restriction pursuant to this paragraph every four years.
Regulation (EU) 2024/1789 of the European Parliament and of the Council of 13 June 2024 on the internal markets for renewable gas, natural gas and hydrogen, amending Regulations (EU) No 1227/2011, (EU) 2017/1938, (EU) 2019/942 and (EU) 2022/869 and Decision (EU) 2017/684 and repealing Regulation (EC) No 715/2009 (recast) (Text with EEA relevance)

article  21

CELEX:  32024R1789

10. The joint coordinated decision of the regulatory authorities concerned referred to in paragraph 8 shall include a decision on the allocation of the investment costs to be borne by each transmission system operator for implementing the agreed solution, as well as their inclusion in the allowed or target revenue of transmission system operators, taking into account the economic, social and environmental costs and benefits of the solution in the Member States concerned and its consequences for tariffs.
11. ACER may issue recommendations to the regulatory authorities on the details of such cost allocation decisions as referred to in paragraph 10.
12. Where the regulatory authorities concerned cannot reach an agreement as referred to in paragraph 4 of this Article, ACER shall decide on the restriction in accordance with Article 6(10) of Regulation (EU) 2019/942. Where ACER recognises the restriction, it shall request the transmission system operators concerned to perform, within 12 months, the actions referred to in paragraph 6 of this Article in sequence.
Regulation (EU) 2024/1789 of the European Parliament and of the Council of 13 June 2024 on the internal markets for renewable gas, natural gas and hydrogen, amending Regulations (EU) No 1227/2011, (EU) 2017/1938, (EU) 2019/942 and (EU) 2022/869 and Decision (EU) 2017/684 and repealing Regulation (EC) No 715/2009 (recast) (Text with EEA relevance)

article  21

CELEX:  32024R1789

13. Where the regulatory authorities concerned cannot take a joint coordinated decision as referred to in paragraphs 8 and 10 of this Article, ACER shall decide on the solution to remove the recognised restriction and on the allocation of the investment costs to be borne by each transmission system operator for implementing the agreed solution or stating that no further action is to be pursued pursuant to paragraph 9 of this Article, in accordance with Article 6(10) of Regulation (EU) 2019/942. A decision to maintain the recognised restriction pursuant to this paragraph shall be reviewed every four years by ACER.
14. Further details required to implement this Article, including details on the cost-benefit analysis, shall be laid down in a network code established pursuant to Article 71(2).