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opinion letter parliamentary committee (COM(2021)803 – C90468/2021 – 2021/0425(COD)) 2023-02-02

Opinion on a 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 (recast)

Committee on Legal Affairs

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2.2.2023

Mr CristianSilviu Buşoi

Chair

Committee on Industry, Research and Energy

BRUSSELS

Subject: Opinion on a 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 (recast) (COM(2021)803 – C90468/2021 – 2021/0425(COD))

Dear Mr Chair,

The Committee on Legal Affairs has examined the proposal referred to above pursuant to Rule 110 on recasting of Parliament's Rules of Procedure.

Paragraph 3 of that Rule reads as follows:

“If the committee responsible for legal affairs considers that the proposal does not entail any substantive changes other than those identified as such in the proposal, it shall inform the committee responsible for the subject matter thereof.

In such a case, over and above the conditions laid down in Rules 180 and 181, amendments shall be admissible within the committee responsible for the subject-matter only if they concern those parts of the proposal which contain changes.

However, amendments to parts of the proposal which remain unchanged may, by way of exception and on a case-by-case basis, be accepted by the Chair of the committee responsible for the subject matter if he or she considers that this is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments. Such reasons must be stated in a written justification to the amendments.”

Following the here attached opinions of the Consultative Working Party of the Legal Services of the Parliament, the Council and the Commission, which have examined the recast proposal, and in keeping with the recommendations of the Rapporteur, the Committee on Legal Affairs considers that the proposal in question does not include any substantive changes other than those identified as such and that, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, the proposal contains a straightforward codification of the existing text, without any change in its substance.

In conclusion, at its extraordinary meeting of 31 January 2023, the Committee on Legal Affairs unanimously decided to recommend that the Committee on Industry, Research and Energy (ITRE), as the committee responsible, proceed to examine the above proposal in accordance with Rule 110.

Yours sincerely,

Adrián Vázquez Lázara

Encl.: Opinions of the Consultative Working Party.

Annex

CONSULTATIVE WORKING PARTY

OF THE LEGAL SERVICES

Brussels, 25 October 2022

OPINION

FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT

THE COUNCIL

THE COMMISSION

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

COM(2021) 803 final of 15.12.2021 – 2021/0425 (COD)

Having regard to the Inter-institutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, and in particular to point 9 thereof, the Consultative Working Party consisting of the respective legal services of the European Parliament, the Council and the Commission met on 9 August 2021 for the purpose of examining the aforementioned proposal submitted by the Commission.

At that meetings, and examination of the proposal for a Directive of the European Parliament and of the Council recasting Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas resulted in the Consultative Working Party's establishing, by common accord, as follows.

1. The following should have been marked with the grey-shaded type generally used

for identifying substantive amendments:

- in the title of the act, the adding of the words ‘renewable anď and of the words ‘and

in hydrogen’;

- in recital 39, the deletion of the words ‘reflect the likely consumption of natural gas

and’;

- in the second sentence of recital 62, the replacement of the word ‘does’ with the

word ‘should’;

- in recital 85 and in Article 44(2), the deletion of the word ‘national’;

- the entire text of recital 100;

- in recital 101, the deletion of the second and third sentence of recital 30 of Directive

2009/73/EC;

- in recital 118, the adding of the words ‘and 2009/73/EC with amendments’;

- the deletion of recital 40 of Directive 2009/73/EC;

- in recital 124, the adding of the words ‘in particular biomethane’;

- in Article 27, the deletion of Article 32(2) of Directive 2009/73/EC;

- in Article 51(8), the deletion of the words ‘the first subparagraph of’;

- in Article 54(4), the deletion of the words ‘until 3 March 2013’.

2. The following should have been marked with formal adaptation signs:

- in the title of the act, the replacement of the word ‘market’ with ‘markets’ and of the

word ‘gas’ with ‘gases’;

- in recital 106, the replacement of the word ‘regulator’ with the words ‘regulatory

authority’;

- the entire text of recital 141.

3. In Article 57(3), the reference made to ‘Article 1 of Directive 2009/101/EC of the

European Parliament and of the Council’ should be replaced by a reference to ‘Annex

II to Directive (EU) 2017/1132 of the European Parliament and of the Council’.

In consequence, examination of the proposal has enabled the Consultative Working Party to conclude, without dissent, that the proposal does not comprise any substantive amendments other than those identified as such. The Working Party also concluded, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, that the proposal contains a straightforward codification of the existing legal text, without any change in its substance.

F. DREXLER J.B. LAIGNELOT D. CALLEJA CRESPO

Jurisconsult acting Director-General Director-General

GROUP CONSULTATIF

DES SERVICES JURIDIQUES

Brussels, 19 January 2023

OPINION

FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT

THE COUNCIL

THE COMMISSION

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

COM(2021) 803 final of 15.12.2021 – 2021/0425 (COD)

Having regard to the Inter-institutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, and in particular to point 9 thereof, the Consultative Working Party consisting of the respective legal services of the European Parliament, the Council and the Commission met on 6 December 2022 for the purpose of further examining, following up to the previous meeting held on 9 August 2022, the aforementioned proposal submitted by the Commission.

At that meetings, an examination of the proposal for a Directive of the European Parliament and of the Council recasting Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas resulted in the Consultative Working Party's establishing, by common accord, that, in addition to the twelve indents contained in point 1 of the Consultative Working Party's opinion dated 25 October 2022, a further remark is also considered appropriate with regard to the draft recast text.

In recital 126 the deletion of the third and fourth sentences of recital 43 of Directive 2009/73/EC should have been marked with the grey-shaded type generally used for identifying substantive amendments.

F. DREXLER J.B. LAIGNELOT D. CALLEJA CRESPO

Jurisconsult acting Director-General Director-General