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Document 02017R1938-20220701
Regulation (EU) 2017/1938 of the European Parliament and of the Council of 25 October 2017 concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010 (Text with EEA relevance)Text with EEA relevance
Consolidated text: Regulation (EU) 2017/1938 of the European Parliament and of the Council of 25 October 2017 concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010 (Text with EEA relevance)Text with EEA relevance
Regulation (EU) 2017/1938 of the European Parliament and of the Council of 25 October 2017 concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010 (Text with EEA relevance)Text with EEA relevance
This consolidated text may not include the following amendments:
| Amending act | Amendment type | Subdivision concerned | Date of effect |
|---|---|---|---|
| 32024R1789 | Modified by | article 8a | 01/01/2025 |
| 32024R1789 | Modified by | annex VI section 5 unnumbered paragraph 1 point (a) unnumbered paragraph 2 indent | 01/01/2025 |
| 32024R1789 | Modified by | article 19 paragraph 6 sentence 1 | 01/01/2025 |
| 32024R1789 | Modified by | article 12 paragraph 6 unnumbered paragraph 2 | 01/01/2025 |
| 32024R1789 | Modified by | article 9 paragraph 1 point (l) | 01/01/2025 |
| 32024R1789 | Modified by | article 19 paragraph 2 sentence 1 | 01/01/2025 |
| 32024R1789 | Modified by | article 13 paragraph 14 | 01/01/2025 |
| 32024R1789 | Modified by | article 17a paragraph 2 | 01/01/2025 |
| 32024R1789 | Modified by | article 9 paragraph 1 point (e) | 01/01/2025 |
| 32024R1789 | Modified by | article 13 paragraph 8 unnumbered paragraph 3 | 01/01/2025 |
| 32024R1789 | Modified by | article 14 paragraph 3 unnumbered paragraph 1 | 01/01/2025 |
| 32024R1789 | Modified by | article 13 paragraph 3 | 01/01/2025 |
| 32024R1789 | Modified by | article 13 paragraph 8 unnumbered paragraph 2 | 01/01/2025 |
| 32024R1789 | Modified by | article 13 paragraph 10 | 01/01/2025 |
| 32024R1789 | Modified by | annex VI section 11.3 unnumbered paragraph 1 point (a) unnumbered paragraph 2 indent | 01/01/2025 |
| 32024R1789 | Modified by | article 13 paragraph 5 | 01/01/2025 |
| 32024R1789 | Modified by | article 13 paragraph 8b | 01/01/2025 |
| 32024R1789 | Modified by | article 13 paragraph 4 | 01/01/2025 |
| 32024R1789 | Modified by | article 13 paragraph 8c | 01/01/2025 |
| 32024R1789 | Modified by | article 2 point 32 | 01/01/2025 |
| 32024R1789 | Modified by | article 1 | 01/01/2025 |
| 32024R1789 | Modified by | article 7 paragraph 1 | 01/01/2025 |
| 32024R1789 | Modified by | article 13 paragraph 11 | 01/01/2025 |
| 32024R1789 | Modified by | article 13 paragraph 8a | 01/01/2025 |
| 32024R1789 | Modified by | article 13 paragraph 13 | 01/01/2025 |
| 32024R1789 | Modified by | article 11 paragraph 7a | 01/01/2025 |
| 32024R1789 | Modified by | article 19 paragraph 3 sentence 1 | 01/01/2025 |
| 32024R1789 | Modified by | article 2 point 1 | 01/01/2025 |
| 32024R1789 | Modified by | article 8 paragraph 3 unnumbered paragraph 3 | 01/01/2025 |
| 32024R1789 | Modified by | article 7 paragraph 4 point (e) | 01/01/2025 |
| 32024R1789 | Modified by | article 13 paragraph 8 unnumbered paragraph 1 Text | 01/01/2025 |
| 32024R1789 | Modified by | article 13a | 01/01/2025 |
| 32024R1789 | Modified by | article 8 paragraph 1 | 01/01/2025 |
| 32024R1789 | Modified by | article 13 paragraph 12 | 01/01/2025 |
| 32024R1789 | Modified by | article 13 paragraph 15 | 01/01/2025 |
02017R1938 — EN — 01.07.2022 — 002.002
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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REGULATION (EU) 2017/1938 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2017 concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010 (OJ L 280 28.10.2017, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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COMMISSION DELEGATED REGULATION (EU) 2022/517 of 18 November 2021 |
L 104 |
53 |
1.4.2022 |
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REGULATION (EU) 2022/1032 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 June 2022 |
L 173 |
17 |
30.6.2022 |
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Corrected by:
REGULATION (EU) 2017/1938 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 October 2017
concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010
(Text with EEA relevance)
Article 1
Subject matter
This Regulation establishes provisions aiming to safeguard the security of gas supply in the Union by ensuring the proper and continuous functioning of the internal market in natural gas (‘gas’), by allowing for exceptional measures to be implemented when the market can no longer deliver the gas supplies required, including solidarity measure of a last resort, and by providing for the clear definition and attribution of responsibilities among natural gas undertakings, the Member States and the Union regarding both preventive action and the reaction to concrete disruptions of gas supply. This Regulation also establishes transparent mechanisms concerning, in a spirit of solidarity, the coordination of planning for, and response to, emergencies at national, regional and Union level.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
‘security’ means security as defined in point 32 of Article 2 of Directive 2009/73/EC;
‘customer’ means customer as defined in point 24 of Article 2 of Directive 2009/73/EC;
‘household customer’ means household customer as defined in point 25 of Article 2 of Directive 2009/73/EC;
‘essential social service’ means a service related to healthcare, essential social care, emergency, security, education or public administration;
‘protected customer’ means a household customer who is connected to a gas distribution network and, in addition, where the Member State concerned so decides, may also mean one or more of the following, provided that enterprises or services as referred to in points (a) and (b) do not, jointly, represent more than 20 % of the total annual final gas consumption in that Member State:
a small or medium-sized enterprise, provided that it is connected to a gas distribution network;
an essential social service, provided that it is connected to a gas distribution or transmission network;
a district heating installation to the extent that it delivers heating to household customers, small or medium-sized enterprises, or essential social services, provided that such installation is not able to switch to other fuels than gas;
‘solidarity protected customer’ means a household customer who is connected to a gas distribution network, and, in addition, may include one or both of the following:
a district heating installation if it is a protected customer in the relevant Member State and only in so far as it delivers heating to households or essential social services other than educational and public administration services;
an essential social service if it is a protected customer in the relevant Member State, other than educational and public administration services;
‘competent authority’ means a national governmental authority or a national regulatory authority designated by a Member State to ensure the implementation of the measures provided for in this Regulation;
‘national regulatory authority’ means a national regulatory authority designated in accordance with Article 39(1) of Directive 2009/73/EC;
‘natural gas undertaking’ means natural gas undertaking as defined in point 1 of Article 2 of Directive 2009/73/EC;
‘gas supply contract’ means gas supply contract as defined in point 34 of Article 2 of Directive 2009/73/EC;
‘transmission’ means transmission as defined in point 3 of Article 2 of Directive 2009/73/EC;
‘transmission system operator’ means transmission system operator as defined in point 4 of Article 2 of Directive 2009/73/EC;
‘distribution’ means distribution as defined in point 5 of Article 2 of Directive 2009/73/EC;
‘distribution system operator’ means distribution system operator as defined in point 6 of Article 2 of Directive 2009/73/EC;
‘interconnector’ means interconnector as defined in point 17 of Article 2 of Directive 2009/73/EC;
‘emergency supply corridors’ means Union gas supply routes that help Member States to better mitigate the effects of potential disruption of supply or infrastructure;
‘storage capacity’ means storage capacity as defined in point 28 of Article 2 of Regulation (EC) No 715/2009;
‘technical capacity’ means technical capacity as defined in point 18 of Article 2 of Regulation (EC) No 715/2009;
‘firm capacity’ means firm capacity as defined in point 16 of Article 2 of Regulation (EC) No 715/2009;
‘interruptible capacity’ means interruptible capacity as defined in point 13 of Article 2 of Regulation (EC) No 715/2009;
‘LNG facility capacity’ means LNG facility capacity as defined in point 24 of Article 2 of Regulation (EC) No 715/2009;
‘LNG facility’ means LNG facility as defined in point 11 of Article 2 of Directive 2009/73/EC;
‘storage facility’ means storage facility as defined in point 9 of Article 2 of Directive 2009/73/EC;
‘system’ means system as defined in point 13 of Article 2 of Directive 2009/73/EC;
‘system user’ means system user as defined in point 23 of Article 2 of Directive 2009/73/EC;
‘ancillary services’ means ancillary services as defined in point 14 of Article 2 of Directive 2009/73/EC;
‘filling trajectory’ means a series of intermediate targets for the underground gas storage facilities of each Member State, as listed in Annex Ia for 2022 and, for the following years, set in accordance with Article 6a;
‘filling target’ means a binding target for the filling level of the aggregated capacity of the underground gas storage facilities;
‘strategic storage’ means underground storage or part of underground storage of non-liquefied natural gas which is purchased, managed and stored by transmission systems operators, an entity designated by the Member States or an undertaking, and which may be released only after prior notification or public authority authorisation for release, and is generally released in the case of:
major supply scarcity;
a supply disruption; or
the declaration of an emergency as referred to in Article 11(1), point (c);
‘balancing stock’ means non-liquefied natural gas which is:
purchased, managed and stored underground by transmission system operators or by an entity designated by the Member State, for the sole purposes of carrying out the functions of transmission system operators and of the security of gas supply; and
dispatched only where required to keep the system in operation under secure and reliable conditions in accordance with Article 13 of Directive 2009/73/EC and with Articles 8 and 9 of Regulation (EU) No 312/2014;
‘underground gas storage facility’ means a storage facility as defined in Article 2, point (9), of Directive 2009/73/EC that is used for the stocking of natural gas, including balancing stock, and that is connected to a transmission or distribution system, excluding above-ground spherical or linepack storage.
Article 3
Responsibility for the security of gas supply
The list of such risk groups and their composition are set out in Annex I. The composition of the risk groups shall not prevent any other form of regional cooperation benefiting security of supply.
Article 4
Gas Coordination Group
The GCG shall be consulted and shall assist the Commission in particular on the following issues:
the security of gas supply, at any time and more specifically in the event of an emergency;
all information relevant to the security of gas supply at national, regional and Union level;
best practices and possible guidelines to all the parties concerned;
the level of the security of gas supply, benchmarks and assessment methodologies;
national, regional and Union scenarios and testing the levels of preparedness;
the assessment of the preventive action plans and the emergency plans, the coherence across the various plans, and the implementation of the measures provided for therein;
the coordination of measures to deal with an Union emergency, with the Energy Community Contracting Parties and with other third countries;
assistance needed by the most affected Member States.
Article 5
Infrastructure standard
The obligation set out in the first subparagraph of this paragraph shall be without prejudice to the responsibility of the transmission system operators to make the corresponding investments and to the obligations of transmission system operators as laid down in Regulation (EC) No 715/2009 and Directive 2009/73/EC.
The transmission system operators shall enable permanent physical capacity to transport gas in both directions (‘bi-directional capacity’) on all interconnections between Member States, except:
in the case of connections to production facilities, to LNG facilities and to distribution networks; or
where an exemption from that obligation has been granted, after detailed assessment and after consulting other Member States and with the Commission in accordance with Annex III.
For the procedure to enable or enhance bi-directional capacity on an interconnection or to obtain or prolong an exemption from that obligation Annex III shall apply. The Commission shall make public the list of exemptions and keep it updated.
A proposal for enabling or enhancing bi-directional capacity or a request for granting or prolongation of an exemption shall include a cost-benefit analysis prepared on the basis of the methodology pursuant to Article 11 of Regulation (EU) No 347/2013 of the European Parliament and of the Council ( 1 ) and shall be based on the following elements:
an assessment of market demand;
projections for demand and supply;
the possible economic impact on existing infrastructure;
a feasibility study;
the costs of bi-directional capacity including the necessary reinforcement of the transmission system; and
the benefits to the security of gas supply taking into account the possible contribution of bi-directional capacity to meeting the infrastructure standard set out in this Article.
The competent authority shall assess in the risk assessment whether, with an integrated perspective on gas and electricity systems, internal bottlenecks exist and national entry capacity and infrastructure, in particular transmission networks, are capable of adapting the national and cross-border gas flows to the scenario of disruption of the single largest gas infrastructure at national level and the single largest gas infrastructure of common interest to the risk group identified in the risk assessment.
The exception shall apply to Luxembourg provided it has:
at least two interconnectors with other Member States;
at least two different sources of gas supply; and
no gas storage facilities on its territory.
The exception shall apply to Slovenia provided it has:
at least two interconnectors with other Member States;
at least two different sources of gas supply; and
no gas storage facilities or an LNG facility on its territory.
The exception shall apply to Sweden provided it has:
no gas transit to other Member States on its territory;
an annual gross inland gas consumption of less than 2 Mtoe; and
less than 5 % of total primary energy consumption from gas.
Luxembourg, Slovenia and Sweden shall inform the Commission of any change affecting the conditions laid down in this paragraph. The exception laid down in this paragraph shall cease to apply where at least one of those conditions is no longer fulfilled.
As part of the national risk assessment carried out in accordance with Article 7(3) Luxembourg, Slovenia and Sweden shall describe the situation with respect to the respective conditions laid down in this paragraph and the prospects for compliance with the obligation in paragraph 1 of this Article, taking into account the economic impact of meeting the infrastructure standard, the gas market development and gas infrastructure projects in the risk group. On the basis of the information provided in the national risk assessment and if the respective conditions laid down in this paragraph are still met, the Commission may decide that the exception can continue to apply for four more years. In the event of a positive decision, the procedure set out in this subparagraph shall be repeated after four years.
Article 6
Gas supply standard
The competent authority shall require the natural gas undertakings that it identifies, to take measures to ensure the gas supply to the protected customers of the Member State in each of the following cases:
extreme temperatures during a 7-day peak period occurring with a statistical probability of once in 20 years;
any period of 30 days of exceptionally high gas demand, occurring with a statistical probability of once in 20 years;
for a period of 30 days in the case of disruption of the single largest gas infrastructure under average winter conditions.
By 2 February 2018, each Member State shall notify to the Commission its definition of protected customers, the annual gas consumption volumes of the protected customers and the percentage that those consumption volumes represent of the total annual final gas consumption in that Member State. Where a Member State includes in its definition of protected customers the categories referred to in point (5)(a) or (b) of Article 2, it shall specify the gas consumption volumes corresponding to customers belonging to those categories and the percentage that each of those groups of customers represents in total annual final gas consumption.
The competent authority shall identify the natural gas undertakings referred to in the first subparagraph of this paragraph and shall specify them in the preventive action plan.
Any new non-market-based measures envisaged to ensure the gas supply standard shall comply with the procedure established in Article 9(4) to (9).
Member States may comply with the obligation laid down in the first subparagraph through the implementation of energy efficiency measures or by replacing the gas with a different source of energy, inter alia, renewable energy sources, to the extent that the same level of protection is achieved.
Any increased gas supply standard beyond the 30-day period referred to in points (b) and (c) of paragraph 1 or any additional obligation imposed for reasons of security of gas supply shall be based on the risk assessment, shall be reflected in the preventive action plan and shall:
comply with Article 8(1);
not impact negatively on the ability of any other Member State to supply gas to its protected customers in accordance with this Article in the event of a national, regional or Union emergency; and
comply with Article 12(5) in the event of a regional or Union emergency.
The Commission may require a justification showing compliance of any measure referred to in the first subparagraph with the conditions laid down therein. Such a justification shall be made public by the competent authority of the Member State that introduces the measure.
Any new non-market-based measure pursuant to the first subparagraph of this paragraph, adopted on or after 1 November 2017, shall comply with the procedure established in Article 9(4) to (9).
Article 6a
Filling targets and filling trajectories
Subject to paragraphs 2 to 5, Member States shall meet the following filling targets for the aggregated capacity of all underground gas storage facilities that are located on their territory and directly interconnected to a market area in their territory and for storage facilities listed in Annex Ib by 1 November each year:
for 2022: 80 %;
from 2023: 90 %.
For the purpose of complying with this paragraph, Member States shall take into account the objective of safeguarding the security of gas supply in the Union in accordance with Article 1.
A Member State may partially meet the filling target by counting the LNG physically stored and available in its LNG facilities if both of the following conditions are met:
the gas system includes significant capacity of LNG storage, accounting annually for more than 4 % of the average national consumption over the preceding five years;
the Member State has imposed an obligation on gas suppliers to store minimum volumes of gas in underground gas storage facilities and/or LNG facilities in accordance with Article 6b(1), point (a).
Member States shall take the necessary measures to meet the intermediate targets or to ensure that they are met as follows:
for 2022: as set out in Annex Ia; and
from 2023: in accordance with paragraph 7.
For Member States for which the filling target is reduced to 35 % of their average annual gas consumption pursuant to paragraph 2, the intermediate targets of the filling trajectory shall be reduced accordingly.
Based on the technical information provided by each Member State and taking into account the assessment of the GCG, the Commission shall adopt implementing acts setting the filling trajectory for each Member State. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18a(2). They shall be adopted by 15 November of the preceding year, where necessary and including where a Member State has submitted an updated draft filling trajectory. They shall be based on an assessment of the general security of gas supply situation and the development of gas demand and supply in the Union and individual Member States, and set in a manner that safeguards the security of gas supply, while avoiding unnecessary burdens on Member States, gas market participants, storage system operators or customers and not unduly distorting competition between storage facilities located in neighbouring Member States.
Where the deviation is not significantly reduced within one month of receipt of the Commission’s recommendation, the Commission shall, after consulting the GCG and the Member State concerned, take a decision as a measure of last resort to require the Member State concerned to take measures that effectively remedy the deviation, including, where appropriate, one or more of the measures provided for in Article 6b(1), or any other measure to ensure that the filling target pursuant to this Article is met.
In deciding which measures to take pursuant to the second subparagraph, the Commission shall take into account the specific situation of the Member States concerned, such as the size of the underground gas storage facilities in relation to the domestic gas consumption, the importance of the underground gas storage facilities for the security of gas supply in the region and any existing LNG storage facilities.
Any measures taken by the Commission to address deviations from the filling trajectory or the filling target for 2022 shall take into account the short timeframe for the implementation of this Article at national level, which may have contributed to the deviation from the filling trajectory or the filling target for 2022.
The Commission shall ensure that the measures taken pursuant to this paragraph do not:
go beyond what is necessary to safeguard the security of gas supply;
place a disproportionate burden on Member States, gas market participants, storage system operators or customers.
Article 6b
Implementation of filling targets
To the extent that any of the measures provided for in this Article are duties and powers of the national regulatory authority pursuant to Article 41 of Directive 2009/73/EC, the national regulatory authorities shall be responsible for taking those measures.
Measures taken pursuant to this paragraph may, in particular, include:
requiring gas suppliers to store minimum volumes of gas in storage facilities, including in underground gas storage facilities and/or in LNG storage facilities, those volumes to be determined on the basis of the amount of gas supplied by gas suppliers to protected customers;
requiring storage system operators to tender their capacities to market participants;
requiring transmission system operators or entities designated by the Member State to purchase and manage balancing stock exclusively for carrying out their functions as transmission system operators and, where necessary, imposing an obligation on other designated entities for the purpose of safeguarding the security of gas supply in the case of an emergency as referred to in Article 11(1), point (c);
using coordinated instruments, such as platforms for the purchase of LNG, with other Member States to maximise the utilisation of LNG and to reduce infrastructure and regulatory barriers to the shared use of LNG to fill underground gas storage facilities;
using voluntary mechanisms for the joint procurement of natural gas, regarding the application of which the Commission may, if necessary, issue guidance by 1 August 2022;
providing financial incentives for market participants, including for storage system operators, such as contracts for difference, or providing compensation to market participants for the shortfall in revenues or for costs incurred by them as a result of obligations on market participants, including storage system operators which cannot be covered by revenue;
requiring storage capacity holders to use or release unused booked capacities, while still obliging the storage capacity holder not using the storage capacity to pay the agreed price for the whole term of the storage contract;
adopting effective instruments for the purchase and management of strategic storage by public or private entities, provided that such instruments do not distort competition or the proper functioning of the internal market;
appointing a dedicated entity tasked with meeting the filling target in the event that the filling target would not otherwise be met;
providing discounts on storage tariffs;
collecting the revenues needed to recover the capital and operational expenditures related to regulated storage facilities as storage tariffs and as a dedicated charge incorporated into transmission tariffs collected only from exit points to final customers located within the same Member States, provided that revenues collected through tariffs are not larger than the allowed revenues.
Article 6c
Storage arrangements and burden-sharing mechanism
In the event that technical limitations do not allow a Member State to comply with the obligation laid down in the first subparagraph, and that Member State has in place an obligation to store other fuels to replace gas, the obligation laid down in the first subparagraph may exceptionally be met by an equivalent obligation to store fuels other than gas. The technical limitations and the equivalence of the measure shall be demonstrated by the Member State concerned.
The burden-sharing mechanism shall be based on the relevant data from the latest risk assessment pursuant to Article 7 and shall take into account all of the following parameters:
the cost of financial support for meeting the filling target, exclusive of the costs of meeting any strategic storage obligations;
the gas volumes needed to meet the demand of protected customers in accordance with Article 6(1);
any technical limitations, including the available underground storage capacity, technical cross-border transmission capacity and withdrawal rates.
Member States shall notify the burden-sharing mechanism to the Commission by 2 September 2022. In the absence of an agreement on a burden sharing mechanism by that date, Member States without underground gas storage facilities shall demonstrate that they comply with paragraph 1 and shall notify the Commission accordingly.
Notwithstanding paragraph 1, where a Member State has underground gas storage facilities located on its territory and the aggregated capacity of those facilities is larger than the annual gas consumption of that Member State, the Member States without underground gas storage facilities that have access to those facilities shall either:
ensure that by 1 November storage volumes correspond at least to the average usage of the storage capacity over the preceding five years, determined, inter alia, by taking into account the flows during withdrawal season over the preceding five years from the Member States where the storage facilities are located; or
demonstrate that storage capacity equivalent to the volume covered by the obligation under point (a) has been booked.
If the Member State without underground gas storage facilities can demonstrate that storage capacity equivalent to the volume covered by the obligation under point (a) of the first subparagraph has been booked, paragraph 1 shall apply.
The obligation under this paragraph shall be limited to 15 % of the average annual gas consumption over the preceding five years in the Member State concerned.
Article 6d
Monitoring and enforcement
Storage system operators shall report the filling level to the competent authority in each Member State where the underground gas storage facilities concerned are located and, if applicable, to an entity designated by that Member State (the ‘designated entity’) as follows:
for 2022: on each of the intermediate targets set out in Annex Ia; and
from 2023: as set pursuant to Article 6a(7).
The Commission may, where appropriate, invite the European Union Agency for the Cooperation of Energy Regulators (ACER) to assist with such monitoring.
Member States shall inform the Commission without delay of the enforcement measures taken pursuant to this paragraph.
The Commission, the national regulatory authorities and the Member States shall preserve the confidentiality of commercially sensitive information received for the purposes of carrying out their obligations.
Article 7
Risk assessment
The competent authorities within each risk group shall agree on a cooperation mechanism to conduct the common risk assessment and report it to the GCG eleven months before the deadline for the notification of the common risk assessment and its updates. At the request of a competent authority the Commission may have a facilitating role in the preparation of the common risk assessment, in particular for the establishment of the cooperation mechanism. If competent authorities within a risk group do not agree on a cooperation mechanism, the Commission shall propose a cooperation mechanism for that risk group, after consulting the competent authorities concerned. The competent authorities concerned shall agree on a cooperation mechanism for that risk group taking utmost account of the Commission's proposal.
10 months before the deadline for the notification of the common risk assessment or its updates, each competent authority shall share and update, within the agreed cooperation mechanism, all national data necessary for the preparation of the common risk assessment, in particular for running the various scenarios referred to in point (c) of paragraph 4.
The risk assessments referred to in paragraphs 2 and 3 of this Article shall be carried out, as relevant, by:
using the standards specified in Articles 5 and 6. The risk assessment shall describe the calculation of the N – 1 formula at national level and where appropriate include a calculation of the N – 1 formula at regional level. The risk assessment shall also include the assumptions used, including where applicable those for the calculation of the N – 1 formula at regional level, and the data necessary for such calculation. The calculation of the N – 1 formula at national level shall be accompanied by a simulation of disruption of the single largest gas infrastructure using hydraulic modelling for the national territory as well as by a calculation of the N – 1 formula considering the level of gas in storages at 30 % and 100 % of the maximum working volume;
taking into account all relevant national and transnational circumstances, in particular market size, network configuration, actual flows, including outflows from the Member States concerned, the possibility of physical gas flows in both directions including the potential need for consequent reinforcement of the transmission system, the presence of production and storage and the role of gas in the energy mixes, in particular with respect to district heating and electricity generation and for the operation of industries, and safety and gas quality considerations;
running various scenarios of exceptionally high demand for gas and disruption of gas supply, taking into account the history, probability, season, frequency and duration of their occurrence and assessing their likely consequences, such as:
disruption of the infrastructure relevant to the security of gas supply, in particular transmission infrastructure, storages or LNG terminals, including the largest gas infrastructure identified for the calculation of N – 1 formula; and
disruption of supplies from third-country suppliers, as well as, where appropriate, geopolitical risks;
identifying the interaction and correlation of risks among the Member States in the risk group and with other Member States or other risk groups, as appropriate, including, as regards interconnections, cross-border supplies, cross-border access to storage facilities and bi-directional capacity;
taking into account risks relating to the control of infrastructure relevant to the security of gas supply to the extent that they may involve, inter alia, risks of underinvestment, undermining diversification, misuse of existing infrastructure or an infringement of Union law;
taking into account the maximal interconnection capacity of each border entry and exit point and various filling levels for storage;
taking into account scenarios of a prolongeddisruption of a single supply source.
Article 8
Establishment of preventive action plans and emergency plans
The competent authority of each Member State shall, after consulting the natural gas undertakings, the relevant organisations representing the interests of household and industrial gas customers, including electricity producers, electricity transmission system operators, and, where it is not the competent authority, the national regulatory authority, establish:
a preventive action plan containing the measures needed to remove or mitigate the risks identified, including the effects of energy efficiency and demand-side measures in the common and nationals risk assessments and in accordance with Article 9;
an emergency plan containing the measures to be taken to remove or mitigate the impact of a disruption of gas supply in accordance with Article 10.
The regional chapters shall be developed jointly by all Member States in the risk group before incorporation in the respective national plans. The Commission shall act as a facilitator so as to enable that the regional chapters collectively enhance the security of gas supply in the Union, and, do not give rise to any contradiction, and to overcome any obstacles to cooperation.
The regional chapters shall contain appropriate and effective cross-border measures, including in relation to LNG, subject to agreement between the Member States implementing the measures from the same or different risk groups affected by the measure on the basis of the simulation referred to in Article 7(1) and the common risk assessment.
The Commission may have a facilitating role in the preparation of the preventive action plan and the emergency plan, in particular for the establishment of the cooperation mechanism. If competent authorities within a risk group do not agree on a cooperation mechanism, the Commission shall propose a cooperation mechanism for that risk group. The competent authorities concerned shall agree on the cooperation mechanism for that risk group taking account of the Commission's proposal. The competent authorities shall ensure the regular monitoring of the implementation of the preventive action plan and the emergency plan.
The competent authorities shall, within each risk group, exchange draft preventive action plans and emergency plans with proposals for cooperation, at the latest five months before the deadline for submission of the plans.
The final versions of the regional chapters referred to in paragraph 3 shall be agreed by all Member States in the risk group. The preventive action plans and emergency plans shall also contain the national measures necessary to implement and enforce the cross-border measures in the regional chapters.
Within four months of the notification by the competent authorities, the Commission shall assess the plans taking into account the views expressed in the GCG.
The Commission shall issue an opinion to the competent authority with the recommendation to review a preventive action plan or an emergency plan if one or more of the following applies:
it is not effective to mitigate the risks as identified in the risk assessment;
it is inconsistent with the risk scenarios assessed or with the plans of another Member State or a risk group;
it does not comply with the requirement laid down in paragraph 1 not unduly to distort competition or the effective functioning of the internal market;
it does not comply with the provisions of this Regulation or other provisions of Union law.
In the event of disagreement related to elements referred to in paragraph 8, the Commission may, within four months of the reply of the competent authority, withdraw its request or convene the competent authority and, where the Commission considers it to be necessary, the GCG, in order to consider the issue. The Commission shall set out its detailed reasons for requesting any amendments to the preventive action plan or the emergency plan. The competent authority concerned shall take full account of the detailed reasons of the Commission.
Where applicable, the competent authority concerned shall without delay amend and make the amended preventive action plan or emergency plan public.
Where the final position of the competent authority concerned diverges from the Commission's detailed reasons, that competent authority shall provide and make public, together with its position and the Commission's detailed reasons, the justification underlying its position within two months of receipt of the detailed reasons of the Commission.
Article 9
Content of preventive action plans
The preventive action plan shall contain:
the results of the risk assessment and a summary of the scenarios considered, as referred to in point (c) of Article 7(4);
the definition of protected customers and the information described in the second subparagraph of Article 6(1);
the measures, volumes and capacities needed to fulfil the infrastructure and gas supply standards laid down in Articles 5 and 6, including, where applicable, the extent to which demand-side measures can sufficiently compensate, in a timely manner, for a disruption of gas supply as referred to in Article 5(2), the identification of the single largest gas infrastructure of common interest in the case of the application of Article 5(3), the necessary gas volumes per category of protected customers and per scenario as referred to in Article 6(1), and any increased gas supply standard including any justification showing compliance with the conditions laid down in Article 6(2) and a description of a mechanism to reduce temporarily any increased gas supply standard or additional obligation in accordance with Article 11(3);
obligations imposed on natural gas undertakings, electricity undertakings where appropriate, and other relevant bodies likely to have an impact on the security of gas supply, such as obligations for the safe operation of the gas system;
other preventive measures designed to address the risks identified in the risk assessment, such as those relating to the need to enhance interconnections between neighbouring Member States, to further improve energy efficiency, to reduce gas demand and the possibility to diversify gas routes and sources of gas supply and the regional utilisation of existing storage and LNG capacities, if appropriate, in order to maintain gas supply to all customers as far as possible;
information on the economic impact, effectiveness and efficiency of the measures contained in the plan, including the obligations referred to in point (k);
a description of the effects of the measures contained in the plan on the functioning of the internal energy market as well as national markets, including the obligations referred to in point (k);
a description of the impact of the measures on the environment and on customers;
the mechanisms to be used for cooperation with other Member States, including the mechanisms for preparing and implementing preventive action plans and emergency plans;
information on existing and future interconnections and infrastructure, including those providing access to the internal market, cross-border flows, cross-border access to storage and LNG facilities and the bi-directional capacity, in particular in the event of an emergency;
information on all public service obligations that relate to the security of gas supply.
Critical information relating to points (a), (c) and (d) of the first subparagraph which, if revealed, could endanger the security of gas supply, may be excluded.
An impact assessment pursuant to paragraph 6 shall cover at least the following:
the potential impact on the development of the national gas market and competition at national level;
the potential impact on the internal gas market;
the potential impact on the security of gas supply of neighbouring Member States, in particular for those measures that could reduce the liquidity in regional markets or restrict flows to neighbouring Member States;
the costs and benefits, assessed against alternative market-based-measures;
an assessment of necessity and proportionality in comparison with possible market-based measures;
an appreciation whether the measure ensures equal possibilities for all market participants;
a phase-out strategy, the expected duration of the envisaged measure and an appropriate review calendar.
The analysis referred to in points (a) and (b) shall be carried out by the national regulatory authority. The impact assessment shall be made public by the competent authority and shall be notified to the Commission.
The adopted measure shall enter into force only when it is approved by the Commission or has been amended in accordance with the Commission decision.
The four-month period shall begin on the day following receipt of a complete notification. The four-month period may be extended with the consent of both the Commission and the competent authority.
The four-month period shall begin on the day following receipt of a complete notification. The four-month period may be extended with the consent of both the Commission and the competent authority.
Article 10
Content of emergency plans
The emergency plan shall:
build upon the crisis levels referred to in Article 11(1);
define the role and responsibilities of natural gas undertakings, transmission system operators for electricity if relevant and of industrial gas customers including relevant electricity producers, taking account of the different extent to which they are affected in the event of a disruption of gas supply, and their interaction with the competent authorities and where appropriate with the national regulatory authorities at each of the crisis levels referred to in Article 11(1);
define the role and responsibilities of the competent authorities and of the other bodies to which tasks have been delegated as referred to in Article 3(2) at each of the crisis levels referred to in Article 11(1);
ensure that natural gas undertakings and industrial gas customers including relevant electricity producers are given sufficient opportunity to respond to the crisis levels referred to in Article 11(1);
identify, if appropriate, the measures and actions to be taken to mitigate the potential impact of a disruption of gas supply on district heating and the supply of electricity generated from gas, including through an integrated view of energy systems operations across electricity and gas if relevant;
establish detailed procedures and measures to be followed for the crisis levels referred to in Article 11(1), including the corresponding schemes on information flows;
designate a crisis manager and define its role;
identify the contribution of market-based measures for coping with the situation at alert level and mitigating the situation at emergency level;
identify the contribution of non-market-based measures planned or to be implemented for the emergency level, and assess the degree to which the use of such non-market-based measures is necessary to cope with a crisis. The effects of the non-market-based measures shall be assessed and procedures for their implementation defined. Non-market-based measures are to be used only when market-based mechanisms alone can no longer ensure supplies, in particular to protected customers, or for the application of Article 13;
describe the mechanisms used to cooperate with other Member States for the crisis levels referred to in Article 11(1) and information exchange arrangements between the competent authorities;
detail the reporting obligations imposed on natural gas undertakings and, where appropriate, electricity undertakings at alert and emergency levels;
describe the technical or legal arrangements in place to prevent undue gas consumption of customers who are connected to a gas distribution or transmission network but not protected customers;
describe the technical, legal and financial arrangements in place to apply the solidarity obligations laid down in Article 13;
estimate the gas volumes that could be consumed by solidarity protected customers covering at least the cases described in Article 6(1);
establish a list of predefined actions to make gas available in the event of an emergency, including commercial agreements between the parties involved in such actions and the compensation mechanisms for natural gas undertakings where appropriate, taking due account of the confidentiality of sensitive data. Such actions may involve cross-border agreements between Member States and/or natural gas undertakings.
In order to prevent undue gas consumption during an emergency, as referred to in point (l) of the first subparagraph, or during the application of the measures referred to in Article 11(3) and Article 13, the competent authority of the Member State concerned shall inform customers who are not protected customers that they are required to cease or reduce their gas consumption without creating technically unsafe situations.
Article 11
Declaration of a crisis
There shall be the following three crisis levels:
early warning level (‘early warning’): where there is concrete, serious and reliable information that an event which is likely to result in significant deterioration of the gas supply situation may occur and is likely to lead to the alert or the emergency level being triggered; the early warning level may be activated by an early warning mechanism;
alert level (‘alert’): where a disruption of gas supply or exceptionally high gas demand which results in significant deterioration of the gas supply situation occurs but the market is still able to manage that disruption or demand without the need to resort to non-market-based measures;
emergency level (‘emergency’): where there is exceptionally high gas demand, significant disruption of gas supply or other significant deterioration of the gas supply situation and all relevant market-based measures have been implemented but the gas supply is insufficient to meet the remaining gas demand so that non-market-based measures have to be additionally introduced with a view, in particular, to safeguarding gas supplies to protected customers in accordance with Article 6.
The obligations laid down in the first subparagraph of this paragraph shall cease to apply immediately after the competent authority declares an end to an emergency, or the Commission concludes, in accordance with the first subparagraph of paragraph 8, that the declaration of an emergency is not or is no longer justified.
The Member States and, in particular, the competent authorities shall ensure that:
no measures are introduced which unduly restrict the flow of gas within the internal market at any time;
no measures are introduced that are likely seriously to endanger the gas supply situation in another Member State; and
cross-border access to infrastructure in accordance with Regulation (EC) No 715/2009 is maintained as far as technically and safely possible, in accordance with the emergency plan.
During an emergency and on reasonable grounds, upon a request of the relevant electricity or gas transmission system operator a Member State may decide to prioritise the gas supply to certain critical gas-fired power plants over the gas supply to certain categories of protected customers, if the lack of gas supply to such critical gas-fired power plants either:
could result in severe damage in the functioning of the electricity system; or
would hamper the production and/or transportation of gas.
Member States shall base any such measure on the risk assessment.
Critical gas-fired power plants as referred to in the first subparagraph shall be clearly identified together with the possible gas volumes that would be subject to such a measure and included in the regional chapters of the preventive action plans and emergency plans. Their identification shall be carried out in close cooperation with transmission system operators of the electricity system and the gas system of the Member State concerned.
Within three days of notification of the Commission request, the competent authority shall modify the measures and shall notify the Commission thereof, or shall inform the Commission of the reasons for which it disagrees with the request. In the latter case, the Commission may, within three days of being informed, amend or withdraw its request or, in order to consider the issue, convene the competent authority or, where appropriate, the competent authorities concerned, and, where the Commission considers it to be necessary, the GCG. The Commission shall set out its detailed reasons for requesting any modification to the action. The competent authority shall take full account of the position of the Commission. Where the final decision of the competent authority diverges from the Commission position, the competent authority shall provide the reasons underlying such decision.
Article 12
Regional and Union emergency responses
The Commission shall declare, as appropriate, a regional or Union emergency at the request of at least two competent authorities that have declared an emergency and following the verification in accordance with Article 11(8), and where the reasons for such emergencies are linked.
In all cases, when it declares a regional or Union emergency, the Commission, using the means of communication most appropriate to the situation, shall gather the views of, and take due account of all the relevant information provided by other competent authorities. When the Commission decides, following an assessment, that the underlying basis for the regional or Union emergency no longer justifies the declaration of an emergency, it shall declare an end to the regional or Union emergency and shall give its reasons and inform the Council of its decision.
In a regional or Union emergency, the Commission shall coordinate the action of the competent authorities, taking full account of relevant information from, and the results of, the consultation of the GCG. In particular, the Commission shall:
ensure the exchange of information;
ensure the consistency and effectiveness of action at Member State and regional levels in relation to the Union level;
coordinate the actions with regard to third countries.
The Member States and in particular the competent authorities shall ensure that:
no measures are introduced which unduly restrict the flow of gas within the internal market at any time, in particular the flow of gas to the affected markets;
no measures are introduced that are likely seriously to endanger the gas supply situation in another Member State; and
cross-border access to infrastructure in accordance with Regulation (EC) No 715/2009 is maintained as far as technically and safely possible, in accordance with the emergency plan.
Within three days of notification of the Commission request, the Member State or the competent authority shall modify its action and notify the Commission thereof, or shall inform the Commission of the reasons for which it disagrees with the request. In the latter case, the Commission may, within three days of being informed, amend or withdraw its request or convene the Member State or the competent authority and, where the Commission considers it to be necessary, the GCG in order to consider the issue. The Commission shall set out its detailed reasons for requesting any modification to the action. The Member State or the competent authority shall take full account of the position of the Commission. Where the final decision of the competent authority or the Member State diverges from the Commission position, the competent authority or the Member State shall provide the reasons underlying such decision.
Article 13
Solidarity
In exceptional circumstances and upon a duly reasoned request by the relevant electricity or gas transmission system operator to its competent authority, the gas supply may also continue to certain critical gas-fired power plants as defined pursuant to Article 11(7) in the Member State providing solidarity if the lack of gas supply to such plants would result in severe damage in the functioning of the electricity system or would hamper the production and/or transportation of gas.
A solidarity measure shall be taken as a last resort and shall apply only if the requesting Member State has:
not been able to cover the deficit in gas supply to its solidarity protected customers despite the application of the measure referred to in Article 11(3);
exhausted all market-based measures and all measures provided in its emergency plan;
notified an explicit request to the Commission and to the competent authorities of all Member States with which it is connected either directly or pursuant to paragraph 2 via a third country, accompanied by a description of the implemented measures referred to in point (b) of this paragraph;
undertaken to pay fair and prompt compensation to the Member State providing solidarity in accordance with paragraph 8.
Solidarity under this Regulation shall be provided on the basis of compensation. The Member State requesting solidarity shall promptly pay, or ensure prompt payment of, fair compensation to the Member State providing solidarity. Such fair compensation shall cover at least:
the gas delivered into the territory of the requesting Member State;
all other relevant and reasonable costs incurred when providing solidarity, including, where appropriate, costs of such measures that may have been established in advance;
reimbursement for any compensation resulting from judicial proceedings, arbitration proceedings or similar proceedings and settlements and related costs of such proceedings involving the Member State providing solidarity vis-a-vis entities involved in the provision of such solidarity.
Fair compensation pursuant to the first subparagraph shall include, inter alia, all reasonable costs that the Member State providing solidarity incurs from an obligation to pay compensation by virtue of fundamental rights guaranteed by Union law and by virtue of the applicable international obligations when implementing this Article and further reasonable costs incurred from payment of compensation pursuant to national compensation rules.
By 1 December 2018, the Member States shall adopt the necessary measures, in particular the technical, legal and financial arrangements pursuant to paragraph 10, to implement the first and second subparagraphs of this paragraph. Such measures may provide for the practical modalities of prompt payment.
By 1 December 2018, the Member States shall adopt the necessary measures, including those agreed in technical, legal and financial arrangements, to ensure that gas is supplied to solidarity protected customers in the requesting Member State in accordance with paragraphs 1 and 2. The technical, legal and financial arrangements shall be agreed among the Member States which are directly connected or, in accordance with paragraph 2, via a third country, and shall be described in their respective emergency plans. Such arrangements may cover, among others, the following elements:
the operational safety of networks;
gas prices to be applied and/or the methodology for their setting, taking into account the impact on the functioning of the market;
the use of interconnections, including bi-directional capacity and underground gas storage;
gas volumes or the methodology for their setting;
categories of costs that will have to be covered by a fair and prompt compensation, that may include damages for curtailed industry;
an indication of the method how the fair compensation could be calculated.
The financial arrangement agreed between Member States before solidarity is requested shall contain provisions that allow for the calculation of the fair compensation of at least all relevant and reasonable costs incurred when providing solidarity and an undertaking that such compensation will be paid.
Any compensation mechanism shall provide incentives to participate in market-based solutions such as auctions and demand response mechanisms. It shall not create perverse incentives, including in financial terms, for market players to postpone their action until non-market-based measures are applied. All compensation mechanisms or at least their summary shall be included in the emergency plans.
Article 14
Information exchange
Where a Member State has declared one of the crisis levels referred to in Article 11(1), the natural gas undertakings concerned shall make available, on a daily basis, in particular the following information to the competent authority of the Member State concerned:
the daily gas demand and gas supply forecasts for the following three days, in million cubic metres per day (mcm/d);
the daily flow of gas at all cross-border entry and exit points as well as at all points connecting a production facility, a storage facility or an LNG terminal to the network, in million cubic metres per day (mcm/d);
the period, expressed in days, for which it is expected that supply of gas to protected customers can be ensured.
In the event of a regional or Union emergency, the Commission may request that the competent authority referred to in paragraph 1 provide it without delay with at least:
the information set out in paragraph 1;
information on the measures planned to be undertaken and those already implemented by the competent authority to mitigate the emergency, and information on their effectiveness;
the requests made for additional measures to be taken by other competent authorities;
the measures implemented at the request of other competent authorities.
The Commission shall analyse the assessments of the competent authorities and shall inform the Member States, the European Parliament and the GCG of the results of its analysis in an aggregated form.
In order for the competent authorities and the Commission to assess the security of gas supply situation at national, regional and Union level, each natural gas undertaking shall notify:
to the competent authority concerned the following details of gas supply contracts with a cross-border dimension and a duration of more than one year which it has concluded to procure gas:
contract duration;
yearly contracted volumes;
contracted maximum daily volumes in the event of an alert or emergency;
contracted delivery points;
minimum daily and monthly gas volumes;
conditions for the suspension of gas deliveries.
an indication whether the contract individually or cumulatively with its contracts with the same supplier or its affiliates is equivalent to or exceeds the threshold of 28 % as referred to in point (b) of paragraph 6 in the most affected Member State.
to the competent authority of the most affected Member State immediately after their conclusion or modification its gas supply contracts with a duration of more than one year, concluded or modified on or after 1 November 2017 that individually or cumulatively with its contracts with the same supplier or its affiliates is equivalent to 28 % or more of yearly gas consumption in that Member State to be calculated on the basis of the most recent available data. In addition, by 2 November 2018 natural gas undertakings shall notify the competent authority of all existing contracts fulfilling the same conditions. The notification obligation shall not cover price information and shall not apply to the modifications related only to the gas price. The notification obligation shall also apply to all commercial agreements that are relevant for the execution of the gas supply contract excluding price information.
The competent authority shall notify the data listed in point (a) of the first subparagraph to the Commission in an anonymised form. In the event of new contracts being concluded or changes being made to existing contracts, the whole set of data shall be notified by the end of September of the relevant year. Where the competent authority has doubts whether a given contract obtained under point (b) of the first subparagraph puts the security of gas supply of a Member State or a region at risk, it shall notify the contract to the Commission.
Article 15
Professional secrecy
The obligation of professional secrecy shall apply to the following persons who receive confidential information in accordance with this Regulation:
persons who work or who have worked for the Commission;
auditors and experts instructed by the Commission;
persons who work or who have worked for the competent authorities and the national regulatory authorities or for other relevant authorities;
auditors and experts instructed by competent authorities and national regulatory authorities or by other relevant authorities.
Article 16
Cooperation with the Energy Community Contracting Parties
Article 17
Monitoring by the Commission
The Commission shall carry out continuous monitoring of security of gas supply measures and report regularly to the GCG.
The Commission, on the basis of the assessments referred to in Article 8(7) shall, by 1 September 2023, draw conclusions as to possible means to enhance the security of gas supply at Union level and submit a report to the European Parliament and to the Council on the application of this Regulation, including, where necessary, legislative proposals to amend this Regulation.
Article 17a
Commission reporting
By 28 February 2023 and annually thereafter, the Commission shall submit reports to the European Parliament and to the Council, containing:
an overview of the measures taken by Member States to fulfil the storage obligations;
an overview of the time needed for the certification procedure set out in Article 3a of Regulation (EC) No 715/2009;
an overview of the measures requested by the Commission in order to ensure compliance with the filling trajectories and the filling targets;
an analysis of the potential effects of this Regulation on gas prices and potential gas savings in relation to Article 6b(4).
Article 18
Notifications
The risk assessment, the preventive action plans, the emergency plans and all other documents shall be notified to the Commission electronically through the CIRCABC platform.
All correspondence in connection with a notification shall be transmitted electronically.
Article 18a
Committee procedure
Article 19
Exercise of the delegation
Article 20
Derogation
This Regulation shall not apply to Malta and Cyprus for as long as no gas is supplied on their respective territories. For Malta and Cyprus the obligations laid down in, and the choices those Member States are entitled to make pursuant to, the following provisions shall be fulfilled and made within the specified time calculated from the date when gas is first supplied on their respective territories:
for point 5 of Article 2, Article 3(2), Article 7(5) and point (a) of Article 14(6): 12 months;
for Article 6(1): 18 months;
for Article 8(7): 24 months;
for Article 5(4): 36 months;
for Article 5(1): 48 months.
In order to fulfil the obligation contained in Article 5(1), Malta and Cyprus may apply the provisions contained in Article 5(2), including by using non-market-based demand-side measures.
Article 21
Repeal
Regulation (EU) No 994/2010 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex IX.
Article 22
Entry into force
This Regulation shall enter into force on the fourth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 November 2017.
However, Article 13(1) to (6), the first and second subparagraphs of Article 13(8), and Article 13(14) and (15) shall apply from 1 December 2018.
Article 2, points (27) to (31), Articles 6a to 6d, Article 16(3), Article 17a, Article 18a, Article 20(4), and Annexes Ia and Ib shall apply until 31 December 2025.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Regional cooperation
The risk groups of Member States that serve as the basis for risk associated cooperation as referred to in Article 3(7) are the following:
Eastern gas supply risk groups:
Ukraine: Bulgaria, Czechia, Denmark, Germany, Greece, Croatia, Italy, Luxembourg, Hungary, Austria, Poland, Romania, Slovenia, Slovakia, Sweden;
Belarus: Belgium, Czechia, Denmark, Germany, Estonia, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Slovakia, Finland, Sweden;
Baltic Sea: Belgium, Czechia, Denmark, Germany, France, Luxembourg, Netherlands, Austria, Slovakia, Sweden;
North-Eastern: Czechia, Denmark, Germany, Estonia, Latvia, Lithuania, Poland, Slovakia, Finland, Sweden;
Trans-Balkan: Bulgaria, Greece, Hungary, Romania.
North Sea gas supply risk groups:
Norway: Belgium, Denmark, Germany, Ireland, Spain, France, Italy, Luxembourg, Netherlands, Poland, Portugal, Sweden;
Low-calorific gas: Belgium, Germany, France, Netherlands;
Denmark: Denmark, Germany, Luxembourg, Netherlands, Poland, Sweden;
United Kingdom: Belgium, Germany, Ireland, Luxembourg, Netherlands.
North African gas supply risk groups:
Algeria: Greece, Spain, France, Croatia, Italy, Malta, Austria, Portugal, Slovenia;
Libya: Croatia, Italy, Malta, Austria, Slovenia.
South-East gas supply risk groups:
Southern Gas Corridor – Caspian: Bulgaria, Greece, Croatia, Italy, Hungary, Malta, Austria, Romania, Slovenia, Slovakia;
Eastern Mediterranean: Greece, Italy, Cyprus, Malta.
ANNEX Ia ( 6 )
Filling trajectory with intermediate targets and filling target for 2022 for Member States with underground gas storage facilities
|
Member State |
1 August intermediate target |
1 September intermediate target |
1 October intermediate target |
1 November filling target |
|
AT |
49 % |
60 % |
70 % |
80 % |
|
BE |
49 % |
62 % |
75 % |
80 % |
|
BG |
49 % |
61 % |
75 % |
80 % |
|
CZ |
60 % |
67 % |
74 % |
80 % |
|
DE |
45 % |
53 % |
80 % |
80 % |
|
DK |
61 % |
68 % |
74 % |
80 % |
|
ES |
71 % |
74 % |
77 % |
80 % |
|
FR |
52 % |
65 % |
72 % |
80 % |
|
HR |
49 % |
60 % |
70 % |
80 % |
|
HU |
51 % |
60 % |
70 % |
80 % |
|
IT |
58 % |
66 % |
73 % |
80 % |
|
LV |
57 % |
65 % |
72 % |
80 % |
|
NL |
54 % |
62 % |
71 % |
80 % |
|
PL |
80 % |
80 % |
80 % |
80 % |
|
PT |
72 % |
75 % |
77 % |
80 % |
|
RO |
46 % |
57 % |
66 % |
80 % |
|
SE |
40 % |
53 % |
67 % |
80 % |
|
SK |
49 % |
60 % |
70 % |
80 % |
ANNEX Ib
Shared responsibility for the filling target and the filling trajectory
With regard to the filling target and the filling trajectory pursuant to Article 6a, the Federal Republic of Germany and the Republic of Austria share the responsibility concerning the storage facilities Haidach and 7Fields. The exact ratio and extent of that responsibility of the Federal Republic of Germany and the Republic of Austria is subject to a bilateral agreement of those Member States.
ANNEX II
Calculation of the N – 1 formula
1. Definition of the N – 1 formula
The N – 1 formula describes the ability of the technical capacity of the gas infrastructure to satisfy total gas demand in the calculated area in the event of disruption of the single largest gas infrastructure during a day of exceptionally high gas demand occurring with a statistical probability of once in 20 years.
Gas infrastructure shall cover the gas transmission network including interconnections, as well as production, LNG and storage facilities connected to the calculated area.
The technical capacity of all remaining available gas infrastructure in the event of disruption of the single largest gas infrastructure shall be at least equal to the sum of the total daily gas demand of the calculated area during a day of exceptionally high gas demand occurring with a statistical probability of once in 20 years.
The results of the N – 1 formula, as calculated below, shall be at least equal to 100 %.
2. Calculation method of the N – 1 formula
The parameters used for the calculation shall be clearly described and justified.
For the calculation of the EPm, a detailed list of the entry points and their individual capacity shall be provided.
3. Definitions of the parameters of the N – 1 formula
‘Calculated area’ means a geographical area for which the N – 1 formula is calculated, as determined by the competent authority.
‘Dmax ’ means the total daily gas demand (in mcm/d) of the calculated area during a day of exceptionally high gas demand occurring with a statistical probability of once in 20 years.
4. Calculation of the N – 1 formula using demand-side measures
‘Deff ’ means the part (in mcm/d) of Dmax that in the case of a disruption of gas supply can be sufficiently and timely covered with market-based demand-side measures in accordance with point (c) of Article 9(1) and Article 5(2).
5. Calculation of the N – 1 formula at regional level
The calculated area referred to in point 3 shall be extended to the appropriate regional level, where applicable, as determined by the competent authorities of the Member States concerned. The calculation may also extend to the regional level of the risk group, if so agreed with the competent authorities of the risk group. For the calculation of the N – 1 formula at regional level, the single largest gas infrastructure of common interest shall be used. The single largest gas infrastructure of common interest to a region shall be the largest gas infrastructure in the region that directly or indirectly contributes to gas supply to the Member States of that region and shall be defined in the risk assessment.
The calculation of the N – 1 formula at regional level may replace the calculation of the N – 1 formula at national level only where the single largest gas infrastructure of common interest is of major importance for the gas supply of all Member States concerned in accordance with the common risk assessment.
On the level of the risk group, for the calculations referred to in Article 7(4), the single largest gas infrastructure of common interest to the risk groups as listed in Annex I shall be used.
ANNEX III
Permanent bi-directional capacity
1. For the execution of the provisions set out in this Annex the national regulatory authority may act as the competent authority if so decided by the Member State.
2. To enable or enhance bi-directional capacity on an interconnection or to obtain or prolong an exemption from that obligation, transmission system operators on both sides of the interconnection shall submit to their competent authorities (‘competent authorities concerned’) and to their regulatory authorities (‘regulatory authorities concerned’) after consulting with all transmission system operators potentially concerned:
a proposal to enable permanent physical capacity to transport gas in both directions for permanent bi-directional capacity concerning the reverse direction (‘physical reverse flow capacity’); or
a request for an exemption from the obligation to enable bi-directional capacity.
The transmission system operators shall endeavour to submit a joint proposal or request for exemption. In the case of a proposal to enable bi-directional capacity, the transmission system operators may make a substantiated proposal for a cross-border cost allocation. Such submission shall take place no later than 1 December 2018 for all interconnections that existed on 1 November 2017, and after completing the feasibility study phase but before the start of detailed technical design phase for new interconnections.
3. Upon receipt of the proposal or the exemption request the competent authorities concerned shall without delay consult the competent authorities and, where they are not the competent authorities, the national regulatory authorities, of the Member State that could, in accordance with the risk assessment, benefit from the reverse flow capacity, the Agency and the Commission on the proposal or the exemption request. The authorities consulted may issue an opinion within four months of receipt of the consultation request.
4. The regulatory authorities concerned shall within six months upon receipt of the joint proposal, pursuant to Article 5(6) and (7), after consulting the project promoters concerned, take coordinated decisions on the cross-border allocation of investment costs to be borne by each transmission system operator of the project. Where the regulatory authorities concerned have not reached an agreement within that deadline, they shall inform the competent authorities concerned without delay.
5. The competent authorities concerned shall on the basis of the risk assessment, the information listed in Article 5(5) of this Regulation, the opinions received following the consultation in accordance with point 3 of this Annex and taking into account the security of gas supply and the contribution to the internal gas market take a coordinated decision. That coordinated decision shall be taken within two months. The period of two months shall start to run after the four-month period allowed for the opinions referred to under point 3 of this Annex, unless all opinions have been received before, or after the six-month period referred to in point 4 of this Annex for regulatory authorities concerned to adopt a coordinated decision. The coordinated decision shall:
accept the proposal for bi-directional capacity. Such decision shall contain a cost benefit analysis, a timeline for implementation and the arrangements for its subsequent use and be accompanied by the coordinated decision on the cross-border cost allocation referred to in point 4 and prepared by the regulatory authorities concerned;
grant or prolong a temporary exemption for a maximum period of four years, if the cost-benefit analysis included in the decision shows that the reverse flow capacity would not enhance the security of gas supply of any relevant Member State or if the investment costs would significantly outweigh the prospective benefits for the security of gas supply; or
require the transmission system operators to amend and resubmit their proposal or exemption request within a maximum period of four months.
6. The competent authorities concerned shall submit the coordinated decision without delay to the competent authorities and national regulatory authorities who have submitted an opinion in accordance with point 3, the regulatory authorities concerned, the Agency and the Commission including the opinions received following the consultation in accordance with point 3.
7. Within two months of receipt of the coordinated decision, the competent authorities referred to in point 6 may present their objections to the coordinated decision and submit them to the competent authorities concerned that adopted it, the Agency and the Commission. The objections shall be limited to facts and assessment, in particular cross-border cost allocation that was not subject of consultation in accordance with point 3.
8. Within three months of receipt of the coordinated decision in accordance with point 6, the Agency shall issue an opinion on the elements of the coordinated decision taking into account any possible objection and submit the opinion to all competent authorities concerned and the competent authorities referred to in point 6 and to the Commission.
9. Within four months of receipt of the opinion issued by the Agency pursuant to point 8 the Commission may adopt a decision requesting modifications of the coordinated decision. Any such decision of the Commission shall be taken on the basis of: the criteria set out in point 5, the reasons for the decision of the authorities concerned and the opinion of the Agency. The competent authorities concerned shall comply with the request of the Commission by amending their decision within a period of four weeks.
In the event that the Commission does not act within the aforementioned four months period, it shall be considered not to have raised objections to the decision of the competent authorities concerned.
10. If the competent authorities concerned were not able to adopt a coordinated decision within the deadline set out in point 5 or if the regulatory authorities concerned could not reach an agreement on the cost allocation within the deadline set out in point 4, the competent authorities concerned shall inform the Agency and the Commission at the latest on the day of the expiry of the deadline. Within four months of receipt of that information, the Commission, after possible consultation with the Agency, shall adopt a decision covering all elements of a coordinated decision listed in point 5 with the exception of a cross-border cost allocation and submit that decision to the competent authorities concerned and the Agency.
11. If the Commission decision pursuant to point 10 of this Annex, requires bi-directional capacity, the Agency shall adopt a decision covering the cross-border cost allocation in line with Article 5(7) of this Regulation within three months of receipt of the Commission decision. Before taking such a decision, the Agency shall consult the regulatory authorities concerned and the transmission system operators. The three-month period may be extended by an additional period of two months where the Agency has to request additional information. The additional period shall begin on the day following receipt of the complete information.
12. The Commission, the Agency, the competent authorities, the national regulatory authorities and the transmission system operators shall preserve the confidentiality of commercially sensitive information.
13. Exemptions from the obligation to enable bi-directional capacity granted under Regulation (EU) No 994/2010 shall remain valid unless the Commission or the other concerned Member State requests a revision or their duration expires.
ANNEX IV
Template for the common risk assessment
The following template shall be completed in a language agreed within the risk group.
General information
1. Description of the system
Provide a brief description of the gas system of the risk group, covering:
a description of the functioning of the gas system in the risk group: main flows (entry/exit/transit), entry/exit point's infrastructure capacity to and out of the region and per Member State, including utilisation rate, LNG facilities (maximal daily capacity, utilisation rate and access regime), etc.;
a breakdown, to the extent possible, of gas import sources per country of origin ( 10 );
a description of the role of storage facilities relevant for the risk group, including cross-border access:
the storage capacity (total and working gas) compared to heating season demand;
the maximal daily withdrawal capacity at different filling levels (ideally with full storages and end-of-season levels);
a description of the role of domestic production in the risk group:
the volume of production with regard to the annual final gas consumption;
the maximal daily production capacity;
a description of the role of gas in the electricity production (e.g. importance, role as a back-up for renewables), including gas-fired generating capacity (total (MWe) and as percentage of the total generating capacity) and cogeneration (total (MWe) and as percentage of the total generating capacity).
2. Infrastructure standard (Article 5)
Describe the calculations of the N – 1 formula(s) at regional level for the risk group, if so agreed with the competent authorities of the risk group, and the existing bidirectional capacities, as follows:
N – 1 formula
the identification of the single largest gas infrastructure of common interest for the risk group;
the calculation of the N – 1 formula at regional level;
a description of the values used for all elements in the N – 1 formula, including intermediate figures used for the calculation (e.g. for EPm indicate the capacity of all entry points considered under this parameter);
an indication of the methodologies and assumptions used, if any, for the calculation of parameters in the N – 1 formula (e.g. Dmax) (use annexes for detailed explanations);
bi-directional capacity
indicate the interconnection points equipped with bidirectional capacity and the maximal capacity of bi-directional flows;
indicate the arrangements governing the use of the reverse flow capacity (e.g. interruptible capacity);
indicate interconnection points where an exemption has been granted in accordance with Article 5(4), the duration of the exemption and the grounds on which it was granted.
3. Identification of risks
Describe the major transnational risk for which the group was created as well as the risk factors at several instances which could make that risk materialise, their likelihood and consequences.
Non-exhaustive list of risk factors that have to be included in the assessment only if applicable according to the relevant competent authority:
political
technological
commercial/market/financial
social
natural
Analysis
describe the major transnational risk and any other relevant risk factors for the risk group, including their likelihood and impact as well as the interaction and correlation of risks among Member States, as appropriate;
describe the criteria used to determine whether a system is exposed to high/unacceptable risks;
set a list of relevant risk scenarios in accordance with the sources of risks and describe how the selection was made;
indicate the extent to which scenarios prepared by ENTSOG have been considered.
4. Risk analysis and assessment
Analyse the set of relevant risk scenarios identified under point 3. In the simulation of risk scenarios include the existing security of gas supply measures, such as, the infrastructure standard calculated using the N – 1 formula as set out in point 2 of Annex II, if appropriate, and the gas supply standard. Per risk scenario:
describe in detail the risk scenario, including all assumptions and, if applicable, the underlying methodologies for their calculation;
describe in detail the results of the simulation carried out, including a quantification of the impact (e.g. volumes of unserved gas, the socioeconomic impact, the impact on district heating, the impact on electricity generation).
5. Conclusions
Describe the main results of the common risk assessment, including the identification of risk scenarios that require further action.
ANNEX V
Template for the national risk assessment
General information
Name of the competent authority responsible for the preparation of the present risk assessment ( 11 ).
1. Description of the system
|
1.1. |
Provide a brief consolidated description of the regional gas system for each risk group ( 12 ) the Member State participates in, covering:
(a)
(b)
a description of the functioning of the gas system(s) in the relevant risk groups: main flows (entry/exit/transit), entry/exit point's infrastructure capacity to and out of the risk groups' region(s) and per Member State, including utilisation rate, LNG facilities (maximal daily capacity, utilisation rate and access regime), etc.;
(c)
a breakdown, to the extent possible, of percentage gas import sources per country of origin ( 15 );
(d)
a description of the role of storage facilities relevant for the risk group, including cross-border access:
(i)
the storage capacity (total and working gas) compared to heating season demand;
(ii)
the maximal daily withdrawal capacity at different filling levels (ideally with full storages and end-of-season levels);
(e)
a description of the role of domestic production in the risk group(s):
(i)
the volume of production with regard to the annual final gas consumption;
(ii)
the maximal daily production capacity and description of how it can cover maximum daily consumption;
(f)
a description of the role of gas in the electricity production (e.g. importance, role as a back-up for renewables), including gas-fired generating capacity (total (MWe) and as percentage of the total generating capacity) and cogeneration (total (MWe) and as percentage of the total generating capacity). |
|
1.2. |
Provide a brief description of the gas system of the Member State, covering:
(a)
the main gas consumption figures: annual final gas consumption (bcm) and breakdown by type of customers, peak demand (mcm/d);
(b)
a description of the functioning of the gas system at national level, including infrastructure (to the extent not covered by point 1.1(b)). If applicable, include L-gas system;
(c)
the identification of the key infrastructure relevant for the security of gas supply;
(d)
a breakdown, to the extent possible, at national level of gas import sources per country of origin;
(e)
a description of the role of storage and include:
(i)
the storage capacity (total and working) compared to heating season demand;
(ii)
the maximal daily withdrawal capacity at different filling levels (ideally with full storages and end-of-season levels);
(f)
a description of the role of domestic production and include:
(i)
the volume of production with regard to the annual final gas consumption;
(ii)
the maximal daily production capacity;
(g)
a description of the role of gas in the electricity production (e.g. importance, role as a back-up for renewables), including gas-fired generating capacity (total (MWe) and as percentage of the total generating capacity) and cogeneration (total (MWe) and as percentage of the total generating capacity). |
2. Infrastructure standard (Article 5)
Describe how the infrastructure standard is complied with, including the main values used for the N – 1 formula and alternative options for its compliance (with directly connected Member States, demand-side measures) and the existing bidirectional capacities, as follows:
N – 1 formula
the identification of the single largest gas infrastructure;
the calculation of the N – 1 formula at national level;
a description of the values used for all elements in the N – 1 formula, including intermediate values used for their calculation (e.g. for EPm indicate the capacity of all entry points considered under this parameter);
an indication of the methodologies used, if any, for the calculation of parameters in the N – 1 formula (e.g. Dmax) (use annexes for detailed explanations);
an explanation of the results of the calculation of the N – 1 formula considering the level of storages at 30 % and 100 % of the maximum working volume;
an explanation of the main results of the simulation of the N – 1 formula using a hydraulic model;
if so decided by the Member State, a calculation of the N – 1 formula using demand-side measures:
if so agreed with the competent authorities of the relevant risk group(s) or with directly connected Member States, joint calculation(s) of the N – 1 formula:
bi-directional capacity
indicate the interconnection points equipped with bidirectional capacity and the maximal capacity of bi-directional flows;
indicate the arrangements governing the use of the reverse flow capacity (e.g. interruptible capacity);
indicate interconnection points where an exemption has been granted in accordance with Article 5(4), the duration of the exemption and the grounds on which it was granted.
3. Identification of risks
Describe the risk factors which could have negative impact on the security of gas supply in the Member State, their likelihood and consequences.
Non-exhaustive list of types of risk factors that have to be included in the assessment only if applicable according to the competent authority:
political
technological
commercial/market/financial
social
natural
Analysis
identify the relevant risk factors for the Member State, including their likelihood and impact;
describe the criteria used to determine whether a system is exposed to high/unacceptable risks;
set a list of relevant risk scenarios in accordance with the risk factors and their likelihood and describe how the selection was made.
4. Risk analysis and assessment
Analyse the set of relevant risk scenarios identified under point 3. In the simulation of risk scenarios include the existing security of gas supply measures, such as the infrastructure standard calculated using the N – 1 formula as set out in point 2 of Annex II, and the gas supply standard. Per risk scenario:
describe in detail the risk scenario, including all assumptions and, if applicable, the underlying methodologies for their calculation;
describe in detail the results of the simulation carried out, including a quantification of the impact (e.g. volumes of unserved gas, the socioeconomic impact, the impact on district heating, the impact on electricity generation).
5. Conclusions
Describe the main results of the common risk assessment the Member States has been involved in, including the identification of risk scenarios that require further action.
ANNEX VI
Template for preventive action plan
General information
1. Description of the system
|
1.1. |
Provide a brief consolidated description of the regional gas system for each risk group ( 17 ) the Member States participates in, covering:
(a)
(b)
a description of the functioning of the gas system in the risk groups: main flows (entry/exit/transit), entry/exit point's infrastructure capacity to and out of the risk group's region(s) and per Member State, including utilisation rate, LNG facilities (maximal daily capacity, utilisation rate and access regime), etc.;
(c)
a breakdown, to the extent possible, of gas import sources per country of origin ( 20 );
(d)
a description of the role of storage facilities relevant for the region, including cross-border access:
(i)
the storage capacity (total and working gas) compared to heating season demand;
(ii)
the maximal daily withdrawal capacity at different filling levels (ideally with full storages and end-of-season levels);
(e)
a description of the role of domestic production in the region:
(i)
the volume of production with regard to the annual final gas consumption;
(ii)
the maximal daily production capacity;
(f)
a description of the role of gas in the electricity production (e.g. importance, role as a back-up for renewables), including gas-fired generating capacity (total (MWe) and as percentage of the total generating capacity) and cogeneration (total (MWe) and as percentage of the total generating capacity);
(g)
a description of the role of energy efficiency measures and their effect on annual final gas consumption. |
|
1.2. |
Provide a brief description of the gas system per Member State, covering:
(a)
the main gas consumption figures: annual final gas consumption (bcm) and breakdown by type of customers, peak demand (mcm/d);
(b)
a description of the functioning of the gas system at national level, including infrastructure (to the extent not covered by point 1.1(b));
(c)
the identification of the key infrastructure relevant for the security of supply;
(d)
a breakdown, to the extent possible, at national level of gas import sources per country of origin;
(e)
a description of the role of storage in the Member State and include:
(i)
the storage capacity (total and working) compared to heating season demand;
(ii)
the maximal daily withdrawal capacity at different filling levels (ideally with full storages and end-of-season levels);
(f)
a description of the role of domestic production and include:
(i)
the volume of production with regard to the annual final gas consumption;
(ii)
the maximal daily production capacity;
(g)
a description of the role of gas in the electricity production (e.g. importance, role as a back-up for renewables), including gas-fired generating capacity (total (MWe) and as percentage of the total generating capacity) and cogeneration (total (MWe) and as percentage of the total generating capacity);
(h)
a description of the role of energy efficiency measures and their effect on annual final gas consumption. |
2. Summary of the risk assessment
Describe briefly the results of the relevant common and national risk assessment carried out in accordance with Article 7, including:
a list of the scenarios assessed and a brief description of the assumptions applied for each one as well as the risks/shortcomings identified;
the main conclusions of the risk assessment.
3. Infrastructure standard (Article 5)
Describe how the infrastructure standard is complied with, including the main values used for the N – 1 formula and alternative options for its compliance (with neighbouring Member States, demand-side measures) and the existing bidirectional capacities, as follows:
3.1. N – 1 formula
the identification of the single largest gas infrastructure of common interest for the region;
the calculation of the N – 1 formula at regional level;
a description of the values used for all elements in the N – 1 formula, including intermediate figures used for the calculation (e.g. for EPm indicate the capacity of all entry points considered under this parameter);
an indication of the methodologies and assumptions used, if any, for the calculation of parameters in the N – 1 formula (e.g. Dmax) (use annexes for detailed explanations).
3.2. National level
N – 1 formula
the identification of the single largest gas infrastructure;
the calculation of the N – 1 formula at national level;
a description of the values used for all elements in the N – 1 formula, including intermediate values used for the calculation (e.g. for EPm indicate the capacity of all entry points considered under this parameter);
an indication of the methodologies used, if any, for the calculation of parameters in the N – 1 formula (e.g. Dmax) (use annexes for detailed explanations);
if so decided by the Member State, calculation of the N – 1 formula using demand-side measures:
if so agreed with the competent authorities of the relevant risk group(s) or with the directly connected Member States, joint calculation(s) of the N – 1 formula:
bi-directional capacity
indicate the interconnection points equipped with bidirectional capacity and the maximal capacity of bi-directional flows;
indicate the arrangements governing the use of the reverse flow capacity (e.g. interruptible capacity);
indicate interconnection points where an exemption has been granted in accordance with Article 5(4), the duration of the exemption and the grounds on which it was granted.
4. Compliance with the supply standard (Article 6)
Describe the measures adopted in order to comply with the supply standard as well as with any increased supply standard or additional obligation imposed for reasons of security of gas supply:
definition of protected customers applied, including categories of customers covered and their annual gas consumption (per category, net value and percentage of the national annual final gas consumption);
gas volumes needed to comply with the supply standard in accordance with the scenarios described in the first subparagraph of Article 6(1);
capacity needed to comply with the supply standard in accordance with the scenarios described in the first subparagraph of Article 6(1);
measure(s) in place to comply with the supply standard:
a description of the measure(s);
addressees;
where it exists, describe any ex ante monitoring system for the compliance with the supply standard;
sanctions regime, if applicable;
describe, per measure:
where non-market-based measures are applied (per measure):
on other Member State's security of supply;
on the national market;
on the internal market;
where measures introduced on or after 1 November 2017, please provide a short summary of the impact assessment or a link to the public impact assessment of the measure(s) carried out in accordance with Article 9(4);
if applicable, describe any increased supply standard or additional obligation imposed for reasons of security of gas supply:
a description of the measure(s);
the mechanism to reduce it to usual values in a spirit of solidarity and in accordance with Article 13;
if applicable, describe any new increased supply standard or additional obligation imposed for reasons of security of gas supply adopted on or after 1 November 2017;
addressees;
affected gas volumes and capacities;
indicate how that measure complies with the conditions laid down in Article 6(2).
5. Preventive measures
Describe the preventive measures in place or to be adopted:
describe each of the preventive measures adopted per identified risk in accordance with the risk assessment, including a description of:
their national or regional dimension;
their economic impact, effectiveness and efficiency;
their impact on customers.
Where appropriate, include:
describe other measures adopted for reasons other than the risk assessment but with a positive impact for the security of supply of the relevant risk group(s) Member State.
where non-market-based measures are applied (per measure):
justify why the measure is necessary (i.e. why the security of supply cannot be achieved via market-based measures alone);
justify why the measure is proportionate (i.e. why the non-market-based measure is the least restrictive means to achieve the intended effect);
provide an analysis of the impact of such measure:
on other Member State's security of supply;
on the national market;
on the internal market;
explain the extent to which efficiency measures, including on the demand side, have been considered to increase the security of supply;
explain the extent to which renewable energy sources have been considered to increase the security of supply.
6. Other measures and obligations (e.g. safety operation of the system)
Describe other measures and obligations that have been imposed on natural gas undertakings and other relevant bodies likely to have an impact on the security of gas supply, such as obligations for the safe operation of the system, including who would be affected by that obligation as well as the gas volumes covered. Explain precisely when and how those measures would apply.
7. Infrastructure projects
describe future infrastructure projects, including Projects of Common Interests in the relevant risk groups, including an estimated timing for their deployment, capacities and estimated impact on the security of gas supply in the risk group;
indicate how the infrastructure projects take into account the Union-wide TYNDP elaborated by ENTSOG pursuant to Article 8(10) of Regulation (EC) No 715/2009.
8. Public service obligations related to the security of supply
Indicate the existing public service obligations related to the security of supply and briefly describe them (use annexes for more detailed information). Explain clearly who has to comply with such obligations and how. If applicable, describe how and when those public service obligations would be triggered.
9. Stakeholder consultations
In accordance with Article 8(2) of this Regulation, describe the mechanism used for and the results of the consultations carried out, for the development of the plan as well as the emergency plan, with:
gas undertakings;
relevant organisations representing the interests of households;
relevant organisations representing the interests of industrial gas customers, including electricity producers;
national regulatory authority.
10. Regional dimension
Indicate any national circumstances and measures relevant for the security of supply and not covered in the previous sections of the plan.
Indicate how the possible comments received following the consultation described in Article 8(2) have been considered.
11.1. Calculation of the N – 1 at the level of the risk group if so agreed by the competent authorities of the risk group
N – 1 formula
the identification of the single largest gas infrastructure of common interest for the risk group;
the calculation of the N – 1 formula at the level of the risk group;
a description of the values used for all elements in the N – 1 formula, including intermediate figures used for the calculation (e.g. for EPm indicate the capacity of all entry points considered under this parameter);
an indication of the methodologies and assumptions used, if any, for the calculation of parameters in the N – 1 formula (e.g. Dmax) (use annexes for detailed explanations).
11.2. Mechanisms developed for cooperation
Describe the mechanisms used for the cooperation among the Member States in the relevant risk groups, including for developing cross-border measures in the preventive action plan and the emergency plan.
Describe the mechanisms used for the cooperation with other Member States in the design and adoption of the provisions necessary for the application of Article 13.
11.3. Preventive measures
Describe the preventive measures in place or to be adopted in the risk group or as a result of regional agreements:
describe each of the preventive measures adopted per identified risk in accordance with the risk assessment, including a description of:
their impact in the Member States of the risk group;
their economic impact, effectiveness and efficiency;
their impact on the environment;
their impact on customers.
Where appropriate, include:
describe other measures adopted for reasons other than the risk assessment but with a positive impact for the security of supply of the risk group.
where non-market-based measures are applied (per measure):
justify why the measure is necessary (i.e. why the security of supply cannot be achieved via market-based measures alone);
justify why the measure is proportionate (i.e. why the non-market-based measure is the least restrictive means to achieve the intended effect);
provide an analysis of the impact of such a measure:
on other Member State's security of supply;
on the national market;
on the internal market;
explain the extent to which efficiency measures, including on the demand side, have been considered to increase the security of supply;
explain the extent to which renewable energy sources have been considered to increase the security of supply.
ANNEX VII
Template for emergency plan
General information
Name of the competent authority responsible for the preparation of the present plan ( 21 )
1. Definition of crisis levels
indicate the body responsible for the declaration of each crisis level and the procedures to follow in each case for such declarations;
where they exist, include here indicators or parameters used to consider whether an event may result in a significant deterioration of the supply situation and to decide upon the declaration of a certain crisis level.
2. Measures to be adopted per crisis level ( 22 )
2.1. Early Warning
Describe the measures to be applied at this stage, indicating, per measure:
a brief description of the measure and main actors involved;
describe the procedure to follow, if applicable;
indicate the expected contribution of the measure to cope with the impact of any event or prepare ahead of its appearance;
describe the flows of information among the actors involved.
2.2. Alert Level
describe the measures to be applied at this stage, indicating, per measure:
a brief description of the measure and main actors involved;
describe the procedure to follow, if applicable;
indicate the expected contribution of the measure to cope with the situation at alert level;
describe the flows of information among the actors involved;
describe the reporting obligations imposed on natural gas undertakings at alert level.
2.3. Emergency Level
establish a list of predefined actions on the supply and demand side to make gas available in the event of an emergency, including commercial agreements between the parties involved in such actions and the compensation mechanisms for natural gas undertakings where appropriate;
describe the market-based measures to be applied at this stage, indicating, per measure:
a brief description of the measure and main actors involved;
describe the procedure to follow;
indicate the expected contribution of the measure to mitigate the situation at emergency level;
describe the flows of information among the actors involved;
describe the non-market-based measures planned or to be implemented for the emergency level, indicating, per measure:
a brief description of the measure and main actors involved;
provide an assessment of the necessity of such measure in order to cope with a crisis, including the degree of its use;
describe in detail the procedure to implement the measure (e.g. what would trigger the introduction of this measure, who would take the decision);
indicate the expected contribution of the measure to mitigate the situation at emergency level as a complement to market-based measures;
assess other effects of the measure;
justify the compliance of the measure with the conditions laid down in Article 11(6);
describe the flows of information among the actors involved;
describe reporting obligations imposed on natural gas undertakings.
3. Specific measures for the electricity and district heating
district heating
briefly indicate the likely impact of a disruption of gas supply in the district heating sector;
indicate measures and actions to be taken to mitigate the potential impact of a disruption of gas supply on district heating. Alternatively, indicate why the adoption of specific measures is not appropriate;
supply of electricity generated from gas
briefly indicate the likely impact of a disruption of gas supply in the electricity sector;
indicate measures and actions to be taken to mitigate the potential impact of a disruption of gas supply on the electricity sector. Alternatively, indicate why the adoption of specific measures is not appropriate;
indicate the mechanisms/existing provisions to ensure appropriate coordination, including exchange of information, between main actors in the gas and electricity sectors, in particular transmission system operators at different crisis levels.
4. Crisis manager or team
Indicate who the crisis manager is and define its role.
5. Roles and responsibilities of different actors
per crisis level, define the roles and responsibilities, including interactions with the competent authorities and, where appropriate, with the national regulatory authority, of:
natural gas undertakings;
industrial customers;
relevant electricity producers;
per crisis level, define the role and responsibilities of the competent authorities and the bodies to which tasks have been delegated.
6. Measures regarding undue consumption by customers who are not protected customers
Describe measures in place to prevent to the extent possible and without endangering the safe and reliable operation of the gas system or creating unsafe situations, the consumption by customers who are not protected customers of gas supply intended for protected customers during an emergency. Indicate the nature of the measure (administrative, technical, etc.), main actors and the procedures to follow.
7. Emergency tests
indicate the calendar for the real time response simulations of emergency situations;
indicate actors involved, procedures and concrete high and medium impact scenarios simulated.
For the updates of the emergency plan: describe briefly the tests carried out since the last emergency plan was presented and the main results. Indicate which measures have been adopted as a result of those tests.
8. Regional Dimension
8.1. Measures to be adopted per crisis level:
8.1.1. Early Warning
Describe the measures to be applied at this stage, indicating, per measure:
brief description of the measure and main actors involved;
describe the procedure to follow, if applicable;
indicate the expected contribution of the measure to cope with the impact of any event or prepare ahead of its appearance;
describe the flows of information among the actors involved.
8.1.2. Alert Level
describe the measures to be applied at this stage, indicating, per measure:
brief description of the measure and main actors involved;
describe the procedure to follow, if applicable;
indicate the expected contribution of the measure to cope with the impact of any event or prepare ahead of its appearance;
describe the flows of information among the actors involved;
describe the reporting obligations imposed on natural gas undertakings at alert. level.
8.1.3. Emergency Level
establish a list of predefined actions on the supply and demand side to make gas available in the event of an emergency, including commercial agreements between the parties involved in such actions and the compensation mechanisms for natural gas undertakings where appropriate;
describe the market-based measures to be applied at this stage, indicating, per measure:
brief description of the measure and main actors involved;
describe the procedure to follow;
indicate the expected contribution of the measure to mitigate the situation at emergency level;
describe the flows of information among the actors involved;
describe the non-market-based measures planned or to be implemented for the emergency level, indicating, per measure:
brief description of the measure and main actors involved;
provide an assessment of the necessity of such measure in order to cope with a crisis, including the degree of its use;
describe in detail the procedure to implement the measure (e.g. what would trigger the introduction of the measure, who would take the decision);
indicate the expected contribution of the measure to mitigate the situation at emergency level as a complement to market-based measures;
assess other effects of the measure;
justify the compliance of the measure with the conditions established in Article 11(6);
describe the flows of information among the actors involved;
describe reporting obligations imposed on natural gas undertakings.
8.2. Cooperation mechanisms
describe the mechanisms in place to cooperate within each of the relevant risk groups and to ensure appropriate coordination for each crisis level. Describe, to the extent they exist and have not been covered in point 2, the decision-making procedures for appropriate reaction at regional level at each crisis level;
describe the mechanisms in place to cooperate with other Member States out of the risk groups and to coordinate actions for each crisis level.
8.3. Solidarity among Member States
describe the agreed arrangements among directly connected Member States to ensure the application of the solidarity principle referred to in Article 13;
if applicable, describe the agreed arrangements between Members States that are connected to each other via a third country to ensure the application of the solidarity principle referred to in Article 13.
ANNEX VIII
List of non-market-based security of gas supply measures
In developing the preventive action plan and the emergency plan the competent authority shall consider the contribution of the following indicative and non-exhaustive list of measures only in the event of an emergency:
supply-side measures:
demand-side measures:
ANNEX IX
Correlation table
|
Regulation (EU) No 994/2010 |
This Regulation |
|
Article 1 |
Article 1 |
|
Article 2 |
Article 2 |
|
Article 3 |
Article 3 |
|
Article 6 |
Article 5 |
|
Article 8 |
Article 6 |
|
Article 9 |
Article 7 |
|
Article 4 |
Article 8 |
|
Article 5 |
Article 9 |
|
Article 10 |
Article 10 |
|
Article 10 |
Article 11 |
|
Article 11 |
Article 12 |
|
— |
Article 13 |
|
Article 13 |
Article 14 |
|
Article 12 |
Article 4 |
|
— |
Article 15 |
|
— |
Article 16 |
|
Article 14 |
Article 17 |
|
— |
Article 18 |
|
— |
Article 19 |
|
Article 16 |
Article 20 |
|
Article 15 |
Article 21 |
|
Article 17 |
Article 22 |
|
Annex I |
Annex II |
|
Article 7 |
Annex III |
|
Annex IV |
Annex I |
|
— |
Annex IV |
|
— |
Annex V |
|
— |
Annex VI |
|
— |
Annex VII |
|
Annex II |
— |
|
Annex III |
Annex VIII |
|
— |
Annex IX |
( 1 ) Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulation (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (OJ L 115, 25.4.2013, p. 39).
( 2 ) Commission Regulation (EU) 2017/459 of 16 March 2017 establishing a network code on capacity allocation mechanisms in gas transmission systems and repealing Regulation (EU) No 984/2013 (OJ L 72, 17.3.2017, p. 1).
( 3 ) Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
( 4 ) Regulation (EU) 2022/869 of the European Parliament and of the Council of 30 May 2022 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 (OJ L 152, 3.6.2022, p. 45).
( 5 ) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
( 6 ) This Annex is subject to the pro rata obligations of each Member State under this Regulation, in particular Articles 6a, 6b and 6c.
For Member States falling under Article 6a(2), the pro rata intermediate target shall be calculated by multiplying the value indicated in the table by the limit of 35 % and by dividing the result by 80 %.
( 7 ) Where this task has been delegated by any competent authority, indicate the name of the body/(ies) responsible for the preparation of the present risk assessment on its behalf.
( 8 ) For the first assessment, include data from the last two years. For updates, include data from the last four years.
( 9 ) Including industrial customers, electricity generation, district heating, residential and services and other (please specify the type of customers included here). Indicate as well the volume of consumption of protected customers.
( 10 ) Describe the methodology applied.
( 11 ) Where this task has been delegated by the competent authority, indicate the name of the body/(ies) responsible for the preparation of the present risk assessment on its behalf.
( 12 ) For the sake of simplicity, present the information at the highest level of the risk groups if possible and merge details as necessary.
( 13 ) For the first assessment, include data from the last two years. For updates, include data from the last four years.
( 14 ) Including industrial customers, electricity generation, district heating, residential and services and other (specify the type of customers included here). Indicate as well the volume of consumption of protected customers.
( 15 ) Describe the methodology applied.
( 16 ) Where this task has been delegated by any competent authority, indicate the name of the body/(ies) responsible for the preparation of this plan on its behalf.
( 17 ) For the sake of simplicity, present the information at the highest level of the risk groups if possible and merge details as necessary
( 18 ) For the first plan, include data from the last two years. For updates, include data from the last four years.
( 19 ) Including industrial customers, electricity generation, district heating, residential and services and other (please specify the type of customers included here).
( 20 ) Describe the methodology applied.
( 21 ) Where this task has been delegated by any competent authority, please indicate the name of the body/(ies) responsible for the preparation of this plan on its behalf.
( 22 ) Include regional and national measures.
( 23 ) Council Directive 2009/119/EC of 14 September 2009 imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (OJ L 265, 9.10.2009, p. 9).