1. Major new natural gas infrastructure, namely interconnectors, LNG facilities and natural gas storage facilities, may, upon request, be exempted, for a set period, from the application of provisions of this Regulation, except from Article 34(5) and (6), and from the application of Article 31(1), Article 32, Article 33, Article 60, Article 78(7) and (9) and Article 79(1) of Directive (EU) 2024/1788.
Major new hydrogen infrastructure, namely interconnectors, hydrogen terminals and underground hydrogen storage facilities, may, upon request, be exempted, for a set period, from the application of provisions of this Regulation, except from Article 34(5) and (6), and from the application of Articles 35, 36, 37 and 68 of Directive (EU) 2024/1788.
Any such exemption shall be subject to all of the following conditions:
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(a)
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the investment enhances competition in natural gas supply or hydrogen supply and enhance security of supply;
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(b)
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the investment contributes to decarbonisation and the achievement of the Union’s climate and energy targets and was decided by applying the energy efficiency first principle;
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(c)
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the level of risk attached to the investment is such that the investment would not take place unless an exemption is granted;
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(d)
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the infrastructure is owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built;
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(e)
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charges are levied on users of that infrastructure;
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(f)
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the exemption is not detrimental to competition in the relevant markets which are likely to be affected by the investment, to the proper functioning of the internal integrated market for natural gas or hydrogen, to the proper functioning of the regulated systems concerned, to decarbonisation or to the security of supply of the Union;
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(g)
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the infrastructure has not received Union financial assistance for works under Regulation (EU) 2021/1153 of the European Parliament and of the Council (40).
The conditions referred to in the third subparagraph shall be assessed taking into account the principle of energy solidarity. Competent national authorities shall take into account the situation in other affected Member States and balance possible negative effects with the beneficial effects on its territory.
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