Publication
Generative AI: A global guide to key IP considerations
Artificial intelligence (AI) raises many intellectual property (IP) issues.
Global | Publication | 十月 2024
On November 28, 2023, the European Commission (EC) adopted its first list of Projects of Common Interest (PCIs), i.e., projects within the EU territory, and Projects of Mutual Interest (PMIs), i.e., projects connecting the EU with other countries, including 166 projects implementing the European Green Deal. The list was published in the EU Official Journal on April 8, 2024.
On July 15, 2024, Directive (EU) 2024/1788 establishing common rules for the internal markets in renewable and natural gases and in hydrogen (Directive) was published in the EU Official Journal. The Directive is intended to drive use of renewable and low-carbon gases, supporting the EU’s goal of climate neutrality by 2050. It is part of the broader hydrogen and decarbonised gas markets package which aims to create a regulatory framework for dedicated hydrogen infrastructure and markets and integrated network planning in the EU.
The EC’s list of PCIs and PMIs includes 166 projects, 65 hydrogen and electrolyser projects, and 14 carbon capture and storage (CCS). In short, the 14 CCS projects relate to: (i) CO2 networks between (a) the Netherlands, Belgium, and North Sea ports, (b) Benelux, Germany, Denmark and Norway, and (c) countries along the Rhine Corridor; (ii) transport and storage infrastructure in Croatia, Denmark, France, Greece, Hungary, Norway, the Netherlands, and the UK; (iii) hubs in the Mediterranean; and (iv) transport between Latvia and Lithuania.
As PCIs and PMIs, these projects will benefit from:
This list was submitted on November 28, 2023 to the European Parliament and the Council for their scrutiny and was published on April 8, 2024. Following adoption of this list of projects, the EC is working with project promoters and Member States to support rapid implementation of these projects, in line with the enhanced measures also proposed on November 28, 2023 in the EU Action Plan for Grids.
The Directive sets out common rules for the transmission, distribution, supply, and storage of gases, and the rules for the transport, supply and storage of hydrogen. Rules (including technical rules) on market design aim to remove certain regulatory impediments and streamline other regulation, ensuring competitive, consumer-centred, flexible and non-discriminatory markets for gas (including hydrogen). These goals are reflected in provisions addressing, amongst other things:
In addition, the Directive sets out consumer rights, covering basic contractual rights, switching rights and fees, rules on comparison tools, citizen energy communities, billing, smart and conventional metering, data management, out-of-court dispute settlement, and vulnerable customers.
The Directive also sets out rules applicable to transmission, storage and system operators of natural gas (including LNG), distribution system operators (DSOs) of natural gas (including closed distribution systems), and combined operators. These rules cover the obligations (including confidentiality) of such operators. In relation to DSOs, it sets out their rights regarding connection of new production facilities for renewable and low-carbon gases to the distribution system, and requires unbundling of DSOs. The Directive also requires unbundling of transmission system operators (TSOs), addressing ownership unbundling, independent system operators, independent TSOs, unbundling of dedicated hydrogen network operators, and unbundling and transparency of accounts. The Council and European Parliament amended the original EC proposal for the Directive to require unbundling of TSOs and DSOs for hydrogen. The EC has been mandated to develop guidelines to ensure full and effective compliance of the transmission system or hydrogen transmission network owner and of the natural gas storage system operator or hydrogen storage operator with the rules on their independence.
In further provisions relating to hydrogen, the Directive sets out rules applicable to dedicated hydrogen networks, including existing hydrogen networks, geographically confined hydrogen networks, and interconnectors with ex-EEA countries. It addresses the rights and obligations of hydrogen network, storage and terminal operators. These provisions fill the gap in the current EU rules covering dedicated hydrogen networks regarding tariff-based investments in networks, ownership and operation, and harmonization regarding (pure) hydrogen quality. In relation to hydrogen networks more broadly, the Directive contains rules on integrated network planning, including network development and investment decisions, hydrogen network development reporting, and financing of cross-border hydrogen infrastructure. These provisions are intended to address the current differences between the EU-wide ten-year network development plan and national network development plans.
In addition, the Directive contains provisions on national regulatory authorities, addressing important issues including independence, duties and powers, and provides regimes for cross-border issues, and a consultation procedure for network codes and regulatory guidelines. The EC has a number of mandates to adopt detailed rules on cooperation between national authorities and the Agency for the Cooperation of Energy Regulators and record-keeping requirements.
Finally, the Directive provides for Member States taking proportionate, non-discriminatory and transparent measures to ensure a level playing field, and for notification of technical agreements between a Member State and a third country concluded by TSOs, hydrogen network operators or other operators.
In terms of next steps, the Directive will need to be transposed in national law of the Member States. The Member States have until August 5, 2026 to transpose the Directive, meaning that the rules will become applicable from that date.
In terms of next steps, the Directive will need to be transposed in national law of the Member States. The Member States have until August 5, 2026 to transpose the Directive, meaning that the rules will become applicable from that date.
Publication
Artificial intelligence (AI) raises many intellectual property (IP) issues.
Publication
We are delighted to announce that Al Hounsell, Director of Strategic Innovation & Legal Design based in our Toronto office, has been named 'Innovative Leader of the Year' at the International Legal Technology Association (ILTA) Awards.
Publication
After a lacklustre finish to 2022 when compared to the vintage year for M&A that was 2021, dealmakers expected 2023 to see the market continue to cool in most sectors, in response to the economic headwinds of rising inflation (with its corresponding impact on financing costs), declining market valuations, tightening regulatory scrutiny and increasing geopolitical tensions.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023