Changes from report parliamentary committee draft to plenary report

Added(d) paragraph 6 and 7 are replaced by the following:

Added‘6. In order to meet the filling target, Member States shall take all necessary measures and strive to follow the filling plan defined in accordance to paragraph 7.

Added7. Member States with underground gas storage facilities shall submit to the Commission in due time an indicative filling plan for the whole calendar year to reach the yearly gas storage filling target set in paragraph 1. The plan shall include technical information for the underground gas storage facilities on its territory and shall be directly interconnected to its market area in an aggregated form.’;

Added(e) paragraph 8 is deleted;

Added(f) paragraphs 10 and 11 are replaced by the following:

Added‘10. The competent authority of each Member State shall continuously monitor compliance with the filling target as set in the filling plan and shall report regularly and at least once per month to the Commission and the GCG. If it is foreseen that the target cannot be met, the competent authority shall, without delay, take effective measures to meet the target. Member States shall inform the Commission and the GCG of the measures taken.

Added11. In the event of a substantial and sustained deviation by a Member State from the filling plan, which compromises the meeting of the filling target or in the event of a deviation from the filling target, the Commission shall, where appropriate, after consulting the GCG and the Member States concerned, issue a recommendation to that Member State or to the other Member States concerned regarding measures to be taken immediately to remedy the deviation or to minimize the impact on the security of supply, considering inter alia possible unfavourable market conditions. and specificities of Member States, such as the technical characteristics and size of the underground gas storage facilities in relation to the domestic gas consumption, the declining importance of the underground low calorific gas storage facilities for the security of gas supply, and existing LNG storage capacity.

Added11a. When a Member State does not meet the filling target set in paragraph 1 thus endangering the security of supply of the Union, the Commission shall adopt an implementing act setting a filling plan for that Member State for the year after, based on the technical information provided by each Member State and taking into account the assessment of the GCG. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 18a(2). It 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 with the aim of safeguarding the security of gas supply.’;

Added(3) Article 6b is amended as follows:

Added(a) the title is replaced by the following: ‘Implementation of the filling target’;

Added(b) in paragraph 1, the first subparagraph is replaced by the following:

Added‘1. Member States shall take all necessary measures to meet the filling target set pursuant to Article 6a. When ensuring that the filling target is met, Member States shall prioritise, where possible, market-based measures.’;

Added(c) paragraph 2 is replaced by the following:

Added‘2. The measures taken by the Member States pursuant to paragraph 1 shall be limited to what is necessary to meet the filling target. They shall be clearly defined, transparent, proportionate, non-discriminatory and verifiable. They shall not unduly distort competition or the proper functioning of the internal market in gas, unduly increase energy costs or endanger the security of gas supply of other Member States or of the Union. Member States shall inform the Commission and the GCG of any such measures.’;

Added(4) Article 6c is amended as follows:

Added(a) in paragraph 1, first subparagraph is replaced by the following:

Added‘1. A Member State without underground gas storage facilities shall ensure that market participants within that Member State have in place arrangements with underground storage system operators or other market participants in Member States with underground gas storage facilities. Those arrangements shall provide for the use, by 1 December, of storage volumes corresponding to at least 15 % of the average annual gas consumption over the preceding five years of the Member State without underground gas storage facilities. However, where cross-border transmission capacity or other technical limitations prevent a Member State without underground gas storage facilities from fully using 15 % of those storage volumes, that Member State shall store only those volumes that are technically possible.’;

Added(b) in paragraph 2, second subparagraph is replaced by the following:

Added‘Member States without underground gas storage facilities shall demonstrate that they comply with paragraph 1 and shall notify the Commission accordingly.’;

Added(c) in paragraph 5, first subparagraph, point (a) is replaced by the following:

Added‘(a) ensure that by 1 December 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’;

Added(d) paragraph 6 is replaced by the following:

Added‘6. Unless otherwise specified in Annex Ib, in the case of underground gas storage facilities located in one Member State that are not covered by paragraph 5 but that are directly connected to the market area of another Member State, that other Member State shall ensure that between 1 October and 1 December storage volumes correspond to at least the average of the storage capacity booked at the relevant cross-border point over the preceding five years.’;

Added(5) Article 6d is amended as follows:

Added(a) paragraphs 1 and 2 are replaced by the following:

Added‘1. 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 set pursuant to Article 6a.

Added2. The competent authority and, if applicable, the designated entity of each Member State shall monitor the filling levels of the underground gas storage facilities on their territory at the end of each month and report monthly the results to the Commission without any delay. The competent authority shall also include information on the share of gas originating in the Russian federation being stored in that Member State, where such information is available.

AddedThe Commission may, where appropriate, invite the European Union Agency for the Cooperation of Energy Regulators (ACER) to assist with such monitoring.’;

Added(b) paragraphs 4 and 5 are replaced by the following:

Added‘4. The GCG shall assist the Commission in the monitoring of the filling ▌target, and shall develop guidance for the Commission on adequate measures to ensure better alignment in the event that Member States filling rates compromise the achievement of the filling target, or to ensure compliance with the filling target.

Added4a. Where appropriate, the Commission shall implement measures helping Member States to meet the filling target, including measures to encourage participation in the demand aggregation and joint purchasing mechanism set up under Regulation (EU) 2022/2576 (‘AggregateEU’)* .

Added5. Member States and, where appropriate, the Commission shall take the necessary measures to meet the filling target and to enforce upon market participants the storage obligations. These measures may include sufficiently deterrent sanctions and fines, such as adequate financial penalties.

Added___________________

Added* Council Regulation (EU) 2022/2576 of 19 December 2022 enhancing solidarity through better coordination of gas purchases, reliable price benchmarks and exchanges of gas across borders (OJ L 335, 29.12.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2576/oj).’;

Added(6) in Article 17a, paragraph 1, the following point is added:

Added‘(da) the information about the share of gas originating in the Russian federation stored in the EU storages, provided by Member States in accordance with Article 6d(2).’;

Added(7) in Article 22, the fourth paragraph is replaced by the following:

Added‘Article 2, points (27) to (31), Articles 6a to 6d, Article 16(3), Article 17a, Article 18a, Article 20(4) and Annex Ib shall apply until 31 December 2027.’;

Added(8) Annex Ia is deleted.

AddedEntry into force

AddedThis Regulation shall enter into force and shall apply on the day following that of its publication in the Official Journal of the European Union.

AddedThis Regulation shall be binding in its entirety and directly applicable in all Member States.

AddedDone at Brussels,

AddedFor the European Parliament

AddedThe President

AddedFor the Council

AddedThe President