(1)

Regulation (EU) 2022/1032 of the European Parliament and of the Council (3) was adopted in reaction to the gas supply crisis and the unprecedented increases in gas prices caused by Russia’s war of aggression against Ukraine since February 2022, impelling the Union to act in a coordinated and comprehensive manner to avoid potential risks resulting from further gas supply disruptions.

(2)

Since the start of Russia’s war of aggression against Ukraine, the Union aims to further advance its independence from Russian energy. This highlights the urgency to ensure alternative energy supplies from international partners via LNG or pipeline gas, without creating new dependencies. In that context, securing alternative energy supplies from reliable partners will be critical. On 17 June 2025, the Commission presented a proposal for a regulation to fully phase out Russian gas imports into the Union, which includes, in particular, an amendment to Regulation (EU) 2017/1938 of the European Parliament and of the Council (4). In addition, the Commission’s proposal includes measures allowing for the introduction of a robust and efficient system of tracking the Russian gas that crosses the Union’s border. Such measures would also help with monitoring whether the Russian gas is stored in the Union. The full phase out of Russian gas imports will allow for the reinforcement of the provisions on gas storage laid down in Regulation (EU) 2017/1938, helping the Union to have a more resilient energy system. In view of Russia’s war of aggression against Ukraine, the Union should progress quickly towards full independence from Russian fossil fuels. Extending the measures regarding the filling level of gas storage facilities would not only contribute to the continued safeguarding of security of supply, but would also constitute a key instrument in the Union’s efforts to eliminate its dependence on imports of gas originating in Russia.

(3)

Regulation (EU) 2022/1032 amended Regulation (EU) 2017/1938 by introducing a temporary legal framework for measures regarding the filling level of gas storage facilities to strengthen the security of gas supply in the Union, in particular gas supplies to protected customers.

(4)

Gas-storage facilities store gas amounting to 30 % of the Union’s gas consumption during the winter months, and well-filled underground gas storage facilities as well as voluntary gas demand reduction contribute substantially to the security of gas supply by providing additional gas in the event of tight supply and demand adequacy or supply disruptions.

(5)

The laying down of a binding filling target and a filling trajectory with a series of intermediate targets for each Member State in February, May, July and September to ensure that gas storage facilities are 90 % full by 1 November of a respective year, proved to be fundamental during the energy crisis sparked by Russia’s war of aggression against Ukraine for the purpose of both weathering the gas supply shortages and reducing market uncertainties and price volatility.

(6)

Despite the substantial improvement in the state of the gas market compared to the period 2022-2023, the European gas market remains tight and the geopolitical situation remains unclear. More intense competition for global LNG supplies can increase Member States’ exposure to price volatility. In those cases, the role of gas storage remains paramount.

(7)

Pursuant to Regulation (EU) 2017/1938, the obligation of the Member States to follow an annual filling trajectory and to ensure that the filling target is met by 1 November of each year expires on 31 December 2025.

(8)

The changed global political environment has to be taken into account with regard to the reliability of gas suppliers and gas-supplying countries.

(9)

In light of the European success in reducing the risks associated with its gas import structure, the overall framework to meet the Union’s need for gas should strike a balance between energy security and the return to market-based principles. It should therefore be flexible enough during the filling season to allow for a swift reaction to constantly changing market conditions and, in particular, to take advantage of the best purchasing conditions in order to reduce gas prices in Europe. In particular, it should be possible for Member States to meet the filling target at any point in time between 1 October and 1 December, taking into account the start of the Member States’ gas storage withdrawal period, without being required to maintain the storage level corresponding to the filling target until 1 December.

(10)

The purpose of filling trajectories, set by Member States each year to represent their annual filling plan, is to ensure that the binding filling target is met within the timeframe from 1 October to 1 December in a given year. However, the filling trajectory should be indicative and should allow for storage-filling in such a way that there is sufficient flexibility available for market participants throughout the year, taking into account Commission Recommendation C(2025)1481 of 5 March 2025 on the implementation of the gas storage filling targets in 2025.

(11)

In the case of difficult conditions, such as indications of trading activities hindering cost-effective storage filling, low seasonal price spread, high price environment, storage levels below the trajectory at Member State level or unforeseen technical circumstances that would make storage injection difficult and costly, limiting the ability to ensure that the gas storages are filled in accordance with Regulation (EU) 2017/1938, Member States should have the possibility to deviate from the filling target by up to ten percentage points.

(12)

Moreover, in the case of persistent unfavourable market conditions, such as indications of possible market manipulation, or of trading activities hindering cost-effective storage-filling, that significantly limit the ability to ensure that the gas storages are filled in accordance with Regulation (EU) 2017/1938, the Commission should be empowered to further increase the level of deviation allowed by means of a delegated act. That increase should not exceed an additional five percentage points.

(13)

The Commission’s assessment of the current energy security framework has confirmed the positive impact of the storage-filling requirements on the security of gas supply, and those positive effects should be preserved beyond 2025.

(14)

At the same time, this Regulation should respond to current and future changes in the gas markets, contribute to the strategic objective of bringing down energy prices and facilitate the gradual return towards market-based mechanisms for storage-refilling.

(15)

In order to maintain the security of supply and the appropriate level of filling of gas storage facilities, the Commission should continuously monitor the market and explore ways that could help meet the filling target, including by making more effective use of the opportunities offered by the demand aggregation and joint purchasing mechanism set up under Council Regulation (EU) 2022/2576 (5).

(16)

It is therefore necessary to extend until the end of 2027 the relevant gas storage-filling provisions that provide predictability and transparency as to the utilisation of gas storage facilities across the Union, while at the same time introducing some flexibility into those provisions.

(17)

Considering that the relevant gas storage-filling provisions should apply as a matter of urgency before the start of the next winter season in order for Member States to meet their target in time, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

(18)

In line with the principles of better regulation and simplification, and reflecting the overall improvement in the Union’s energy security framework, this Regulation should avoid introducing unnecessary administrative complexity.

(19)

As outlined in the Commission communication of 26 February 2025 entitled ‘Action Plan for Affordable Energy’, the recent energy crisis, the most severe Europe has seen yet, underscored the importance of EU-level coordination in managing price spikes in the internal market. To increase resilience in the face of any possible future energy crisis, Member States need tools for effective action and the security of supply regulatory framework needs to be strengthened, incorporating the lessons learned from recent developments. Among other issues, the concept of protected customers, the prevention of the distortion of competition and the proper functioning of the internal market, as well as the role of energy sources alternative to gas such as renewable energy sources and hydrogen, together with the role of energy efficiency, in an evolving energy mix should be given due consideration.

(20)

Regulation (EU) 2017/1938 should therefore be amended accordingly,

(1)

in Article 2, point (27) is replaced by the following:

;

(2)

Article 6a is amended as follows:

(3)

in Article 6b, paragraph 2 is replaced by the following:

(4)

Article 6c is amended as follows:

(5)

Article 6d is amended as follows:

(6)

in Article 17a(1), the following point is added:

;

(7)

Article 18a is deleted;

(8)

in Article 22, the fourth paragraph is replaced by the following:

‘Article 2, points (27) to (31), Articles 6a to 6d, Article 16(3), Article 17a, Article 20(4) and Annex Ib shall apply until 31 December 2027.’

(9)

Annex Ia is deleted;

(10)

Annex Ib is replaced by the following: