Changes from report parliamentary committee draft to plenary report

Added7. All servers and information shall be physically located and stored in the territory of the Union.’;

Added(9) Article 8 is amended as follows:

Added(a) paragraph 1 is deleted;

Added(b) paragraph 3 is replaced by the following:

Added‘3. The preventive action plan and the emergency plan shall contain a regional chapter, or several regional chapters, where a Member State is a member of different risk groups as defined in Annex I.

AddedThe 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.

AddedThe regional chapters shall contain appropriate and effective cross-border measures, including in relation to storages and 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.’;

Added(10) in paragraph 6, the following sentence is added:

Added‘The proposal for cooperation may include the voluntary participation in joint procurement of strategic stocks, as referred to in Article 7c.’;

Added(11) The following new Article 8a is inserted:

Added‘Article 8a Measures on cybersecurity

Added1. When establishing the preventive action plans and the emergency plans, the Member States shall consider the appropriate measures related to cybersecurity.

Added2. The Commission may adopt a delegated act in accordance with Article 19 establishing gas sector-specific rules for the cyber security aspects of cross-border gas flows, including rules on common minimum requirements, planning, monitoring, reporting and crisis management.

Added3. To develop this delegated act, the Commission shall work closely with the European Union Agency for the Cooperation of Energy Regulators ACER, the Cybersecurity Agency ENISA, the European Network of Transmission System Operators for Gas (ENTSOG) and a limited number of main affected stakeholders, as well as entities with existing competences in cybersecurity, within their own mandate, such as cybersecurity operation centres (SOCs) relevant for regulated entitites, and computer security incident response teams (CSIRT), as referred in Art 9 of the DIRECTIVE (EU) 2022/xxx on measures for a high common level of cybersecurity across the Union.’;

Added(12) Article 9 is amended as follows:

Added(a) paragraph 1 is amended as follows:

Added(i) point (e) is replaced by the following:

Added‘(e) other preventive measures designed to address the risks identified in the risk assessment, as referred to in Article 7a(1), such as those relating to the need to enhance interconnections between neighbouring Member States, to further improve energy efficiency, to prevent capacity hoarding, 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;’;

Added(ii) point (k) is replaced by the following:

Added‘(k) information on all public service obligations that relate to the security of gas supply, including storage capacity obligations and strategic stocks;’;

Added(iii) the following point (l) is added:

Added‘(l) information on measures related to cybersecurity, as referred to in Article 8a.’;

Added(13) In Article 12(3), the following point (d) is added:

Added‘(d) coordinate the actions with regard to the joint procurement of strategic stocks, as referred to in Article 7c.’;

Added▌

Added(14a) The following articles are inserted:

Added‘Article 13a Extension of solidarity protection to critical gas volumes for electricity security of supply

Added1. By way of derogation from Article 13(3), a solidarity measure pursuant to Article 13(1) and (2) shall apply only if the Member State requesting solidarity has not been able to cover:

Added(a) the deficit in gas supply to its solidarity protected customers or, where a Member State has taken temporary measures to reduce the non-essential consumption of protected customers in accordance with Article 13b, the essential volumes of consumption of gas to its solidarity protected customers;

Added(b) the critical gas volume for electricity security of supply, despite the application of the measure referred to in Article 11(3). The conditions set out in Article 13(3), points (b), (c) and (d) shall apply.

Added2. The Member States which are obliged to provide solidarity pursuant to paragraph 1 shall be entitled to deduct from the solidarity offer:

Added(a) supplies to its solidarity protected customers to the extent essential volumes are affected or, where a Member State has taken temporary measures to reduce the non-essential consumption of protected customers in accordance with Article 13b, the supplies of the essential volumes of consumption of gas of its solidarity protected customers;

Added(b) supplies of critical gas volumes for electricity security of supply;

Added(c) supplies of gas volumes for the electricity needed for the production and transportation of gas; and

Added(d) gas volumes necessary for the operations of security of supply critical infrastructure as referred to in Annex VIIIb as well as other installations crucial for the functioning of military, national security and humanitarian aid services.

Added3. The critical gas volumes for electricity security of supply as referred to in paragraph 1, point (b), and paragraph 2, points (b) and (d) shall not exceed the volumes indicated in Annex VIIIa. If a Member State can demonstrate that a higher volume of gas is required to avoid an electricity crisis of a Member State, the Commission may, upon a duly reasoned request, decide to allow the deduction of higher volumes.

Added4. If Member States whose electricity system is synchronised only with the electricity system of a third country are requested to provide solidarity measures, they may exceptionally deduct higher volumes of gas in the event the electricity system is desynchronised from that third country’s system for as long as isolated power system services or other services to the power transmission system operator are required to ensure the safe and reliable operation of the power system.

Added1. Member States may, exceptionally, take temporary measures to reduce the non-essential consumption of protected customers, in particular when one of the crisis levels pursuant to Article 11(1) and Article 12, or the Union alert pursuant to Regulation (EU) 2022/1369, has been declared. Such measures shall be limited to non-essential uses of gas and shall take into account the elements set out in Article 6(2) of Regulation (EU) 2022/1369. Such exceptional measures may be taken only after an assessment is carried out by the competent authorities with regard to the conditions to determine such non-essential volumes of gas.

Added2. As a result of measures referred to in paragraph 1 of this Article, the consumption of vulnerable customers, as defined by Member States in accordance with Article 25 of the recast Directive 2009/73/EC, shall under no circumstance be reduced, and Member States shall not disconnect protected customers as a result of the application of paragraph 1 of this Article.

AddedIn the case of a Commission request pursuant to Article 12(6), first subparagraph, to terminate undue restrictions of cross-border gas flows or of access to gas infrastructure, or measures endangering the gas supply in another Member State, the competent authority, or the Member State shall, instead of following the procedure provided for in Article 12(6), second subparagraph, modify its action or take action in order to ensure compliance with Article 12(5).

AddedArticle 13d Temporary extension of solidarity obligations to Member States with LNG facilities

Added1. The obligation to provide solidarity measures pursuant to Article 13(1) shall not only apply to Member States directly connected to the requesting Member State, but also to Member States with LNG facilities, provided that the necessary capacity in the relevant infrastructure, including the LNG vessels and carriers, is available.

Added2. Article 13, paragraphs (2) to (9), shall apply to Member States with LNG facilities unless otherwise provided for in this Regulation.

Added3. Member States with LNG facilities that are not directly connected to a requesting Member State may agree bilaterally with any other Member States on the necessary technical, legal and financial solidarity arrangements that apply to the provision of solidarity.

Added4. The default rules for the provision of solidarity measures pursuant to Article 13e shall also apply to the non-connected Member States in so far as no bilateral arrangement is concluded at the time of the receipt of a solidarity request.

Added1. Where two Member States have not agreed on the necessary technical, legal and financial arrangements pursuant to Article 13(10) (solidarity agreement), the delivery of gas pursuant to the obligation in Article 13(1) in the event of an emergency shall be subject to the conditions in this Article.

Added2. The compensation for the solidarity measure shall not exceed the reasonable costs and, by derogation from Article 13(8), shall in any event include:

Added(a) the price for gas in the Member State providing solidarity;

Added(b) the storage and transport costs, including possible fees resulting from the deviation of LNG cargoes to the interconnection point requested;

Added(c) litigation costs for related judicial or arbitration proceedings involving the Member State providing solidarity;

Added(d) other indirect costs that are not covered by the price for gas, such as the reimbursement of financial or other damages resulting from enforced firm load shedding of customers related to the provision of solidarity, provided that those indirect costs do not exceed 100 % of the price for gas.

Added3. If a Member State requests compensation for indirect costs pursuant to paragraph (2), point (d) exceeding 100% of the gas price, the Commission shall, after consulting the relevant competent authorities, decide whether a higher compensation is appropriate, taking into account the specific contractual and national circumstances of the case and the principle of energy solidarity.

Added4. Unless the Member State requesting solidarity and the Member State providing solidarity agree on another price, the price for the gas supplied to the Member State requesting solidarity shall correspond to the day-ahead market price in the Member State providing solidarity the day preceding the request for solidarity or the corresponding day-ahead market price at the closest accessible exchange virtual trading point, or at an agreed hub over the day preceding the request for solidarity.

Added5. Compensation for the gas volumes delivered in the context of a solidarity request pursuant to Article 13f shall be paid directly by the Member State requesting solidarity to the Member State providing solidarity or the entity both Member States indicate in their response to the solidarity request and the confirmation of receipt and of the volume to be taken.

Added6. A Member State to which the request for a solidarity measure is addressed shall provide the solidarity measures as soon as possible and no later than three days after the request. A Member State may refuse to provide solidarity to a Member State requesting solidarity only where the first Member State demonstrates that:

Added(a) it does not have enough gas for the volumes referred to in Article 13a(2); or

Added(b) it does not have sufficient interconnection capacity available, as set out in Article 13(7) and it does not have the possibility to provide sufficient volumes of LNG.

Added7. In addition to the default rules provided for in this Article, Member States may agree on technical arrangements and coordination of the provision of solidarity.

Added8. This Article shall be without prejudice to existing arrangements for the safe and reliable operation of the gas system.

Added1. The Member State requesting the application of the solidarity measures shall issue a solidarity request to another Member State, indicating at least the following information: