Regulation (EU) 2022/869 on guidelines for trans-European energy infrastructure, amending Regulations (EC) No 715/2009, (EU) 2019/942 and (EU) 2019/943 and Directives 2009/73/EC and (EU) 2019/944, and repealing Regulation (EU) No 347/2013

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Series Details L 152, Pages 45-102
Publication Date 03/06/2022
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Regulation (EU) 2022/869 - formally signed by the co-legislators on 30 May 2022 - revising the rules for trans-European energy (TEN-E) infrastructure. It repeals Regulation (EU) No 347/2013, also know as the TEN-E Regulation.

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The TEN-E Regulation adopted in 2013 set out rules for the timely development and interoperability of trans-European energy networks. It helped achieve the European Union's energy policy objectives by laying down rules for identifying and developing Projects of Common Interest (PCIs). It also required Member States to streamline permit granting procedures for PCIs and provided for regulatory assistance, rules and guidance for cross-border allocation of costs and risk-related incentives and the conditions to access financing from the Connecting Europe Facility (CEF).

This Regulation revises such framework and repeals corresponding Regulation (EU) No 347/2013. It lays down guidelines for the timely development and interoperability of energy infrastructure priority corridors and areas that contribute to ensuring climate change mitigation, in particular achieving the EU's 2030 energy and climate targets and overall climate neutrality by 2050. It also aims to contribute to ensuring interconnections, energy security, market and system integration and competition that benefits all Member States, as well as affordability of energy prices.

The Act also introduces amendments to Regulation (EC) No 715/2009, which lays down rules for access to natural gas transmission networks, gas storage and liquified natural gas (LNG) facilities; Regulation (EU) 2019/942, which established the EU Agency for the Cooperation of Energy Regulators (ACER); Directive 2009/73/EC - also known as the Gas Directive, which introduced common rules for the transmission, distribution, supply and storage of natural gas; and Directive (EU) 2019/944, aimed at improving the framework governing the internal electricity market.

The draft law was tabled by the European Commission on 15 December 2020. In line with the European Green Deal and the Communication on A Clean Planet for All, the existing framework no longer reflected the expected changes to the energy system resulting from a new political context and in particular the upgraded 2030 climate targets, as well as the 2050 climate neutrality objective. The Council of the European Union adopted its general approach on 11 June 2021, followed by the European Parliament during the first plenary session of October 2021. An informal agreement between the co-legislators on a compromise text for this proposal was reached on 15 December 2021. This was formally endorsed by the Parliament on 5 April 2022 and by the Council on 16 May. The co-legislators formally signed the Act on 30 May 2022, which was published in the Official Journal on 3 June 2022.

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Commentary and Analysis
EASE: Policy Papers, February 2021: EASE Reply to the European Commission’s Public Consultation on the TEN-E Regulation Revision
French Institute of International Relations (IFRI): Briefings, June 2021: Is the TEN-E Regulation Fit for a Decarbonized Future? A Battle to Shape the European Energy Transition
Corporate Europe Observatory, 23/09/2021: Pro-gas rapporteur on controversial EU energy revision refuses to reveal who has lobbied him
Friends of the Earth (FoE): Press Release, 28/09/2021: MEPs fail to end support for climate-damaging gas
openDemocracy: OurEconomy, 13/10/2021: EU fails to reduce dependency on fossil fuels amid soaring energy bills
EPRS: Briefing, November 2021: Revision of the TEN-E Regulation: EU guidelines for new energy infrastructure

EurActiv, 15/12/2020: EU’s trans-European energy infrastructure plan update
Reuters, 15/12/2020: EU to shift funding away from gas, into low-carbon energy
EUObserver, 15/12/2020: New EU rules for energy-project funding to keep fossil gas
EurActiv, 16/12/2020: EU shifts energy infrastructure funding away from gas, into electricity grids
EurActiv, 06/05/2021: Eleven EU countries call to ban fossil fuels from trans-European energy infrastructure
Reuters, 11/06/2021: EU countries agree to prolong gas project funding, with caveats
The Guardian, 28/09/2021: EU lawmakers vote to prolong fossil fuel gas subsidies until 2027
EUObserver, 29/09/2021: MEPs vote to support gas in cross-border projects rules
DPA International, 15/12/2021: European Union plans to stop funding new oil and gas pipelines

EUR-LEX: COM(2020)824: Proposal for a Regulation on guidelines for trans-European energy infrastructure and repealing Regulation (EU) No 347/2013
EUR-Lex: SWD(2020)346: Staff Working Document accompanying the Proposal - Impact Assessment
EUR-Lex: SWD(2020)347: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment
European Parliament: Legislative Observatory: Procedure File for Proposal on Trans-European energy infrastructure: guidelines (2020/0360(COD))
European Parliament: Legislative Train Schedule: Revision of the TEN-E Regulation for Energy Infrastructure (REFIT)
European Commission: Press Release, 15/12/2020: Commission proposes revised rules for cross-border energy infrastructure in line with the European Green Deal
European Commission: Questions and Answers: The revision of the TEN-E Regulation (15 December 2020)
European Commission: Remarks by Commissioner Simson on the Commission's proposal for a revised TEN-E Regulation at the European Parliament's ITRE Committee meeting (15 December 2020)
Irish Government: Consultations, 20/01/2021: Consultation on the proposed amendments to the TEN-E Regulation
EPRS: Briefing, April 2021: Trans-European energy infrastructure guidelines: Updating the current framework - Initial Appraisal of a European Commission Impact Assessment
International Energy Agency (IEA): Policies, 05/10/2021: Cross-border energy infrastructure, new rules for TEN-E
ECR EP Group: News, 28/09/2021: A solid foundation to support development of trans-European energy infrastructure
EPP EP Group: Newsroom, 15/12/2021: Make energy sustainable, securely supplied and affordable
Council of the European Union: Press Release, 22/12/2021: TEN-E: Council and Parliament reach provisional agreement on new rules for cross-border energy projects
European Parliament: Press Release, 05/04/2022: Green Deal: EP backs updated guidelines for trans-European energy infrastructure
Council of the European Union: Press Release, 16/05/2022: TEN-E: Council gives green light to new rules for cross-border energy infrastructure

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