Consultation on the proposed revision to the Gas Directive and the Gas Regulation and proposals for a Regulation on Methane Emissions

On 15 December 2021 the European Commission published its new hydrogen and gas market decarbonisation package entitled "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". The proposals are described in the Commission’s press release.

These proposals seek to revise and update Directive (EC) 2009/73 (the “Gas Directive”) and Regulation (EC) 715/2009 (the “Gas Regulation”)

• Proposed Directive
• Annexes to the proposed Directive
• Proposed Regulation
• Annexes to the proposed Regulation

Prior to the publication of these proposals the Commission had undertaken a public consultation.

The hydrogen and gas market decarbonisation package is a set of legislative proposals to decarbonise the EU gas market by facilitating the uptake of renewable and low carbon gases, including hydrogen, and to ensure energy security for all citizens in Europe.

The proposals aim to create the conditions for a shift from fossil natural gas to renewable and low-carbon gases, in particular biomethane and hydrogen, and strengthen the resilience of the gas system.

One of the main aims is to establish a market for hydrogen, create the right environment for investment, and enable the development of dedicated infrastructure, including for trade with third countries.

The new market rules will be applied in two phases, before and after 2030, and will cover access to hydrogen infrastructures, separation of hydrogen production and transport activities, and tariff setting. A new governance structure in the form of the European Network of Network Operators for Hydrogen (ENNOH) will be created to promote a dedicated hydrogen infrastructure, cross-border coordination and interconnector network construction, and elaborate on specific technical rules.

The new rules are intended to make it easier for renewable and low-carbon gases to access the existing gas grid, by removing tariffs for cross-border interconnections and lowering tariffs at injection points. They also create a certification system for low-carbon gases, which will ensure a level playing field in assessing the full greenhouse gas emissions footprint of different gases and allow Member States to effectively compare and consider them in their energy mix.

Another priority of the package is consumer empowerment and protection. Mirroring the provisions already applicable in the electricity market, consumers may switch suppliers more easily, use effective price comparison tools, get accurate, fair and transparent billing information, and have better access to data and new smart technology.

On 15 December 2021 the European Commission also published its proposals for a regulation on Methane Emissions, as described in their press release.

• Proposed Regulation
• Annexes to the proposed Regulation

Prior to the publication of these proposals, the Commission had undertaken a public consultation.

This proposal follows on from the EU Methane Strategy, which was published in October 2020, and is part of the European Green Deal and the 'Fit for 55' package – a series of climate legislative proposals aimed at reducing greenhouse gas emissions by 55 percent by 2030.

Methane is a powerful greenhouse gas, second only to carbon dioxide in its overall contribution to climate change and responsible for about a third of current climate warming. Although it remains in the atmosphere for a shorter period than carbon dioxide (10-12 years before oxidizing into carbon dioxide that continues to trap heat), on a molecular level, methane is a far more powerful climate forcer (with a global warming potential of 28 times that of carbon dioxide over 100 years and of 86 over 20 years).

The legislative proposal on methane emissions reduction in the energy sector would establish a new EU legal framework that requires the oil, gas and coal companies within the EU to measure, report and verify methane emissions. It also proposes strict rules to detect and repair methane leaks and to limit venting and flaring (the release of natural gas from production facilities). The proposal relates to methane emissions from the energy sector and does not relate to methane emissions from other sectors such as agriculture.

In addition to measures related to methane emissions within the EU, the proposed Regulation also includes global monitoring tools ensuring transparency of methane emissions from imports of oil, gas and coal into the EU. Importers of fossil fuels would be required to submit information about how their suppliers perform measurement, reporting and verification of their emissions and how they mitigate those emissions.

The European Commission will establish two transparency tools that will show the performance and reduction efforts of countries and energy companies across the globe in curbing their methane emissions:

• a transparency database, where the data reported by importers and EU operators will be made available to the public
• a global monitoring tool to show methane emissions by location inside and outside the EU

As a further step, to tackle emissions of imported fossil fuels along the supply chain to Europe, the European Commission plans to engage in a diplomatic dialogue with our international partners and review the methane regulation by 2025 with a view to introducing more stringent measures on fossil fuels imports once all data is available.

This consultation is being held to gather the views of stakeholders and interested parties which will inform Ireland’s position on the proposals.

All relevant documentation is available online at the Commission’s website as detailed above.

The closing date for submissions has been extended to 5.30pm 22 April 2022

Submissions should include "New EU framework to decarbonise gas markets" in the subject field and be sent by email to gasconsultation@decc.gov.ie or by post to:

Wholesale Electricity and Gas Policy Division

Department of the Environment, Climate and Communications

29-31 Adelaide Road

Dublin 2

D02 X285

In cases where responses exceed five pages, respondents are advised to include a concise executive summary.

We are committed to engaging with stakeholders in a clear, open and transparent manner. Any person or organisation can make a submission in relation to this consultation. All submissions and feedback will be taken into consideration in informing positions to be adopted in negotiations.

Please note that responses to this consultation are subject to the provisions of the Freedom of Information Act 2014 (FOI), Access to Information on the Environment Regulations 2007-2014 (AIE) and the Data Protection Act 2018.

Please also note that we may publish the contents of all submissions received to this consultation on our website. We will redact personal data prior to publication. In responding to this consultation, parties should clearly indicate where their responses contain personal information, commercially sensitive information or confidential information which they would not wish to be released under FOI, AIE or otherwise published.

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