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

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 for 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

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

▼M3 —————

▼B

(2)

‘customer’ means customer as defined in point 24 of Article 2 of Directive 2009/73/EC;

(3)

‘household customer’ means household customer as defined in point 25 of Article 2 of Directive 2009/73/EC;

(4)

‘essential social service’ means a service related to healthcare, essential social care, emergency, security, education or public administration;

(5)

‘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)

a small or medium-sized enterprise, provided that it is connected to a gas distribution network;

(b)

an essential social service, provided that it is connected to a gas distribution or transmission network;

(c)

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;

(6)

‘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)

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;

(b)

an essential social service if it is a protected customer in the relevant Member State, other than educational and public administration services;

(7)

‘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;

(8)

‘national regulatory authority’ means a national regulatory authority designated in accordance with Article 39(1) of Directive 2009/73/EC;

(9)

‘natural gas undertaking’ means natural gas undertaking as defined in point 1 of Article 2 of Directive 2009/73/EC;

(10)

‘gas supply contract’ means gas supply contract as defined in point 34 of Article 2 of Directive 2009/73/EC;

(11)

‘transmission’ means transmission as defined in point 3 of Article 2 of Directive 2009/73/EC;

(12)

‘transmission system operator’ means transmission system operator as defined in point 4 of Article 2 of Directive 2009/73/EC;

(13)

‘distribution’ means distribution as defined in point 5 of Article 2 of Directive 2009/73/EC;

(14)

‘distribution system operator’ means distribution system operator as defined in point 6 of Article 2 of Directive 2009/73/EC;

(15)

‘interconnector’ means interconnector as defined in point 17 of Article 2 of Directive 2009/73/EC;

(16)

‘emergency supply corridors’ means Union gas supply routes that help Member States to better mitigate the effects of potential disruption of supply or infrastructure;

(17)

‘storage capacity’ means storage capacity as defined in point 28 of Article 2 of Regulation (EC) No 715/2009;

(18)

‘technical capacity’ means technical capacity as defined in point 18 of Article 2 of Regulation (EC) No 715/2009;

(19)

‘firm capacity’ means firm capacity as defined in point 16 of Article 2 of Regulation (EC) No 715/2009;

(20)

‘interruptible capacity’ means interruptible capacity as defined in point 13 of Article 2 of Regulation (EC) No 715/2009;

(21)

‘LNG facility capacity’ means LNG facility capacity as defined in point 24 of Article 2 of Regulation (EC) No 715/2009;

(22)

‘LNG facility’ means LNG facility as defined in point 11 of Article 2 of Directive 2009/73/EC;

(23)

‘storage facility’ means storage facility as defined in point 9 of Article 2 of Directive 2009/73/EC;

(24)

‘system’ means system as defined in point 13 of Article 2 of Directive 2009/73/EC;

(25)

‘system user’ means system user as defined in point 23 of Article 2 of Directive 2009/73/EC;

(26)

‘ancillary services’ means ancillary services as defined in point 14 of Article 2 of Directive 2009/73/EC;

▼M4

(27)

‘filling trajectory’ means a series of indicative intermediate targets for the underground gas storage facilities of each Member State, representing the filling plan of that Member State, set in accordance with Article 6a(7);

▼M2

(28)

‘filling target’ means a binding target for the filling level of the aggregated capacity of the underground gas storage facilities;

(29)

‘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:

(a)

major supply scarcity;

(b)

a supply disruption; or

(c)

the declaration of an emergency as referred to in Article 11(1), point (c);

(30)

‘balancing stock’ means non-liquefied natural gas which is:

(a)

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

(b)

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;

(31)

‘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;

▼M3

(32)

‘gas’ means natural gas as defined in Article 2, point (1), of Directive (EU) 2024/1788 ( 1 );

▼M5

(33)

‘take-or-pay provision’ means a contractual provision which obliges the buyer to take delivery of, or alternatively pay for, a specified minimum quantity of gas within a given period, regardless of whether the gas is actually received;

(34)

‘deliver-or-pay provision’ means a contractual provision which obliges the seller to pay a contractual fine in the case of a non-delivery of gas.

▼B

Article 3 Responsibility for the security of gas supply

Article 4 Gas Coordination Group

Article 5 Infrastructure standard

Article 6 Gas supply standard

Article 6a Filling targets and filling trajectories

Article 6b Implementation of filling targets

Article 6c Storage arrangements and burden-sharing mechanism

Article 6d Monitoring and enforcement

Article 7 Risk assessment

Article 8 Establishment of preventive action plans and emergency plans

Article 8a Measures on cybersecurity

Article 9 Content of preventive action plans

Article 10 Content of emergency plans

Article 11 Declaration of a crisis

Article 12 Regional and Union emergency responses

Article 13 Solidarity

Article 13a Cooperation between indirectly connected Member States using market-based measures (voluntary measures)

Article 14 Information exchange

Article 15 Professional secrecy

Article 16 Cooperation with the Energy Community Contracting Parties

Article 17 Monitoring by the Commission

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.

▼M5

The Commission shall continuously monitor the exposure of the Union’s energy system to supplies, also via third countries, of gas that originates in or is exported, directly or indirectly, from the Russian Federation in particular on the basis of information notified to the Commission and the competent authorities in accordance with Article 14(6), point (c).

The Commission shall assess the implementation of the phase-out of gas that originates in or is exported, directly or indirectly, from the Russian Federation under Regulation (EU) 2026/261 at national, regional and Union level on the basis of the national diversification plans for gas referred to in Article 9 of that Regulation and report its assessment to the Gas Coordination Group.

On the basis of the assessment referred to in the third paragraph, the Commission shall publish an annual report, which shall provide a comprehensive overview of the progress achieved by Member States in implementing their national diversification plans for gas.

Where relevant, the Commission may issue, within three months of submission of a national diversification plan for gas, a recommendation which identifies possible actions and measures to ensure a secure diversification of gas supply and a timely phase-out of gas that originates in or is exported, directly or indirectly, from the Russian Federation.

Following that recommendation, the Member State concerned shall update its national diversification plan for gas within three months, taking into consideration the Commission’s recommendation.

Article 17a Commission reporting

Article 18 Notifications

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 19 Exercise of the delegation

Article 20 Derogation

Article 21 Repeal

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

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.

▼M4

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

▼B

ANNEX I Regional cooperation

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:

1.

LNG supply risk group:

(a)

Belgium, Bulgaria, Czechia, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden.

2.

North Sea gas supply risk group:

(b)

Belgium, Czechia, Denmark, Germany, Estonia, Ireland, France, Latvia, Lithuania, Luxembourg, Netherlands, Austria, Poland, Finland, Sweden.

3.

North African gas supply risk group:

(c)

Spain, France, Italy, Malta, Austria, Portugal, Slovenia.

4.

South-East gas supply risk group:

(d)

Bulgaria, Czechia, Greece, Croatia, Italy, Cyprus, Hungary, Austria, Romania, Slovenia, Slovakia.

ANNEX Ib Shared responsibility for the filling target and the filling trajectory

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 Slovak Republic and Czechia share the responsibility concerning the storage facilities of Dolní Bojanovice. The exact ratio and extent of that responsibility of the Slovak Republic and Czechia is subject to a bilateral agreement of those Member States.

Without prejudice to Article 13 and in accordance with Article 11(6), point (b), the Slovak Republic and Czechia shall ensure that, when a crisis is declared pursuant to this Regulation, no measures affecting the Dolní Bojanovice storage facility that are likely to seriously endanger the gas supply situation or to undermine the ability of natural gas undertakings to supply gas to protected customers in line with the national gas supply standard are introduced.

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

, N – 1 ≥ 100 %

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.

Demand-side definition

‘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.

Supply-side definitions

‘EPm ’: technical capacity of entry points (in mcm/d), other than production, LNG and storage facilities covered by Pm, LNGm and Sm, means the sum of the technical capacity of all border entry points capable of supplying gas to the calculated area.

‘Pm ’: maximal technical production capability (in mcm/d) means the sum of the maximal technical daily production capability of all gas production facilities which can be delivered to the entry points in the calculated area.

‘Sm ’: maximal technical storage deliverability (in mcm/d) means the sum of the maximal technical daily withdrawal capacity of all storage facilities which can be delivered to the entry points of the calculated area, taking into account their respective physical characteristics.

‘LNGm ’: maximal technical LNG facility capacity (in mcm/d) means the sum of the maximal technical daily send-out capacities at all LNG facilities in the calculated area, taking into account critical elements like offloading, ancillary services, temporary storage and re-gasification of LNG as well as technical send-out capacity to the system.

‘Im ’ means the technical capacity of the single largest gas infrastructure (in mcm/d) with the highest capacity to supply the calculated area. When several gas infrastructures are connected to a common upstream or downstream gas infrastructure and cannot be separately operated, they shall be considered as one single gas infrastructure.

4. Calculation of the N – 1 formula using demand-side measures

, N – 1 ≥ 100 %

Demand-side definition

‘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)

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

(b)

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:

(a)

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;

(b)

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

(c)

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

—

Member States in the risk group

—

Name of the competent authorities responsible for the preparation of the risk assessment ( 9 )

1. Description of the system

Provide a brief description of the gas system of the risk group, covering:

(a)

the main gas consumption figures ( 10 ): annual final gas consumption (bcm) and breakdown per type of customers ( 11 ), peak demand (total and breakdown per category of consumer in mcm/d);

(b)

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.;

(c)

a breakdown, to the extent possible, of gas import sources per country of origin ( 12 );

(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:

(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).

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:

(a)

N – 1 formula

(i)

the identification of the single largest gas infrastructure of common interest for the risk group;

(ii)

the calculation of the N – 1 formula at regional level;

(iii)

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);

(iv)

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);

(b)

bi-directional capacity

(i)

indicate the interconnection points equipped with bidirectional capacity and the maximal capacity of bi-directional flows;

(ii)

indicate the arrangements governing the use of the reverse flow capacity (e.g. interruptible capacity);

(iii)

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:

(a)

political

—

gas disruption from third countries because of different reasons,

—

political unrest (either in country of origin or in transit country),

—

war/civil war (either in country of origin or in transit country),

—

terrorism;

(b)

technological

—

explosion/fires,

—

fires (internal to a given facility),

—

leakages,

—

lack of adequate maintenance,

—

equipment malfunction (failure to start, failure during working time, etc.),

—

lack of electricity (or other energy source),

—

ICT failure (hardware or software failure, internet, SCADA problems, etc.),

—

cyber-attack,

—

impact due to excavation works (digging, piling), ground works, etc.;

(c)

commercial/market/financial

—

agreements with third-country suppliers,

—

commercial dispute,

—

control of infrastructure relevant for the security of gas supply by third-country entities, which may imply, among others, risks of underinvestment, undermining diversification or non-respect of Union law,

—

price volatility,

—

underinvestment,

—

sudden, unexpected peak demand,

—

other risks which could lead to structural underperformance;

(d)

social

—

strikes (in different related sectors, such as the gas sector, ports, transport, etc.),

—

sabotage,

—

vandalism,

—

theft;

(e)

natural

—

earthquakes,

—

landslides,

—

floods (heavy rain, river),

—

storms (sea),

—

avalanches,

—

extreme weather conditions,

—

fires (external to the facility, like nearby forests, grassland, etc.).

Analysis

(a)

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;

(b)

describe the criteria used to determine whether a system is exposed to high/unacceptable risks;

(c)

set a list of relevant risk scenarios in accordance with the sources of risks and describe how the selection was made;

(d)

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:

(a)

describe in detail the risk scenario, including all assumptions and, if applicable, the underlying methodologies for their calculation;

(b)

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 ( 13 ).

1. Description of the system

1.1.

Provide a brief consolidated description of the regional gas system for each risk group ( 14 ) the Member State participates in, covering:

(a)

the main gas consumption figures ( 15 ): annual final gas consumption (bcm and MWh) and breakdown per type of customers ( 16 ), peak demand (total and breakdown per category of consumer in mcm/d);

(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 ( 17 );

(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:

(a)

N – 1 formula

(i)

the identification of the single largest gas infrastructure;

(ii)

the calculation of the N – 1 formula at national level;

(iii)

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);

(iv)

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);

(v)

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;

(vi)

an explanation of the main results of the simulation of the N – 1 formula using a hydraulic model;

(vii)

if so decided by the Member State, a calculation of the N – 1 formula using demand-side measures:

—

calculation of the N – 1 formula in accordance with point 2 of Annex II,

—

description of the values used for all elements in the N – 1 formula, including intermediate figures used for the calculation (if different to the figures described under point 2(a)(iii)),

—

indicate the methodologies used, if any, for the calculation of parameters in the N – 1 formula (e.g. Dmax) (use annexes for detailed explanations),

—

explain the market-based demand-side measures adopted/to be adopted to compensate a disruption of gas supply and its expected impact (Deff);

(viii)

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:

—

calculation of the N – 1 formula in accordance with point 5 of Annex II,

—

description of the values used for all elements in the N – 1 formula, including intermediate values used for their calculation (if different to the figures described under point 2(a)(iii)),

—

indicate 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),

—

explain the agreed arrangements to ensure compliance with the N – 1 formula;

(b)

bi-directional capacity

(i)

indicate the interconnection points equipped with bidirectional capacity and the maximal capacity of bi-directional flows;

(ii)

indicate the arrangements governing the use of the reverse flow capacity (e.g. interruptible capacity);

(iii)

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:

(a)

political

—

gas disruption from third countries because of different reasons,

—

political unrest (either in country of origin or in transit country),

—

war/civil war (either in country of origin or in transit country),

—

terrorism;

(b)

technological

—

explosion/fires,

—

fires (internal to a given facility),

—

leakages,

—

lack of adequate maintenance,

—

equipment malfunction (failure to start, failure during working time, etc.),

—

lack of electricity (or other energy source),

—

ICT failure (hardware or software failure, internet, SCADA problems, etc.),

—

cyber-attack,

—

impact due to excavation works (digging, piling), ground works, etc.;

(c)

commercial/market/financial

—

agreements with third-country suppliers,

—

commercial dispute,

—

control of infrastructure relevant for the security of gas supply by third-country entities, which may imply, among others, risks of underinvestment, undermining diversification or non-respect of Union law,

—

price volatility,

—

underinvestment,

—

sudden, unexpected peak demand,

—

other risks which could lead to structural underperformance;

(d)

social

—

strikes (in different related sectors, such as the gas sector, ports, transport, etc.),

—

sabotage,

—

vandalism,

—

theft;

(e)

natural

—

earthquakes,

—

landslides,

—

floods (heavy rain, river),

—

storms (sea),

—

avalanches,

—

extreme weather conditions,

—

fires (external to the facility, like nearby forests, grassland, etc.).

Analysis

(a)

identify the relevant risk factors for the Member State, including their likelihood and impact;

(b)

describe the criteria used to determine whether a system is exposed to high/unacceptable risks;

(c)

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:

(a)

describe in detail the risk scenario, including all assumptions and, if applicable, the underlying methodologies for their calculation;

(b)

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

—

Member States in the risk group

—

Name of the competent authority responsible for the preparation of the plan ( 18 )

1. Description of the system

1.1.

Provide a brief consolidated description of the regional gas system for each risk group ( 19 ) the Member States participates in, covering:

(a)

the main gas consumption figures ( 20 ): annual final gas consumption (bcm) and breakdown per type of customers ( 21 ), peak demand (total and breakdown per category of consumer in mcm/d);

(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 ( 22 );

(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)

a list of the scenarios assessed and a brief description of the assumptions applied for each one as well as the risks/shortcomings identified;

(b)

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

(i)

the identification of the single largest gas infrastructure of common interest for the region;

(ii)

the calculation of the N – 1 formula at regional level;

(iii)

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);

(iv)

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

(a)

N – 1 formula

(i)

the identification of the single largest gas infrastructure;

(ii)

the calculation of the N – 1 formula at national level;

(iii)

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);

(iv)

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);

(v)

if so decided by the Member State, calculation of the N – 1 formula using demand-side measures:

—

the calculation of the N – 1 formula in accordance with point 2 of Annex II,

—

a description of the values used for all elements in the N – 1 formula, including intermediate figures used for the calculation (if different to the figures described under point 3(a)(iii) of this Annex),

—

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 market-based demand-side measures adopted/to be adopted to compensate a disruption of gas supply and its expected impact (Deff);

(vi)

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:

—

the calculation of the N – 1 formula in accordance with point 5 of Annex II,

—

a description of the values used for all elements in the N – 1 formula, including intermediate values used for the calculation (if different to the figures described under point 3(a)(iii) of this Annex),

—

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),

—

an explanation of the agreed arrangements to ensure compliance with the N – 1 formula;

(b)

bi-directional capacity

(i)

indicate the interconnection points equipped with bidirectional capacity and the maximal capacity of bi-directional flows;

(ii)

indicate the arrangements governing the use of the reverse flow capacity (e.g. interruptible capacity);

(iii)

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:

(a)

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);

(b)

gas volumes needed to comply with the supply standard in accordance with the scenarios described in the first subparagraph of Article 6(1);

(c)

capacity needed to comply with the supply standard in accordance with the scenarios described in the first subparagraph of Article 6(1);

(d)

measure(s) in place to comply with the supply standard:

(i)

a description of the measure(s);

(ii)

addressees;

(iii)

where it exists, describe any ex ante monitoring system for the compliance with the supply standard;

(iv)

sanctions regime, if applicable;

(v)

describe, per measure:

—

the economic impact, effectiveness and efficiency of the measure,

—

the impact of the measure on the environment,

—

impact of the measures on consumer,

(vi)

where non-market-based measures are applied (per measure):

—

justify why the measure is necessary (i.e. why 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:

(1)

on other Member State's security of supply;

(2)

on the national market;

(3)

on the internal market;

(vii)

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);

(e)

if applicable, describe any increased supply standard or additional obligation imposed for reasons of security of gas supply:

(i)

a description of the measure(s);

(ii)

the mechanism to reduce it to usual values in a spirit of solidarity and in accordance with Article 13;

(iii)

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;

(iv)

addressees;

(v)

affected gas volumes and capacities;

(vi)

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:

(a)

describe each of the preventive measures adopted per identified risk in accordance with the risk assessment, including a description of:

(i)

their national or regional dimension;

(ii)

their economic impact, effectiveness and efficiency;

(iii)

their impact on customers.

Where appropriate, include:

—

measures to enhance interconnections between neighbouring Member States,

—

measures to diversify gas routes and sources of supply,

▼M3

—

measures to prevent capacity hoarding;

▼B

—

measures to protect key infrastructure relevant for the security of supply in relation to control by third-country entities (including, where relevant, general or sector-specific investment screening laws, special rights for certain shareholders, etc.);

(b)

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.

(c)

where non-market-based measures are applied (per measure):

(i)

justify why the measure is necessary (i.e. why the security of supply cannot be achieved via market-based measures alone);

(ii)

justify why the measure is proportionate (i.e. why the non-market-based measure is the least restrictive means to achieve the intended effect);

(iii)

provide an analysis of the impact of such 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:

(1)

on other Member State's security of supply;

(2)

on the national market;

(3)

on the internal market;

(4)

explain the extent to which efficiency measures, including on the demand side, have been considered to increase the security of supply;

(5)

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

(a)

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;

(b)

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:

(a)

gas undertakings;

(b)

relevant organisations representing the interests of households;

(c)

relevant organisations representing the interests of industrial gas customers, including electricity producers;

(d)

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

(a)

the identification of the single largest gas infrastructure of common interest for the risk group;

(b)

the calculation of the N – 1 formula at the level of the risk group;

(c)

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);

(d)

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:

(a)

describe each of the preventive measures adopted per identified risk in accordance with the risk assessment, including a description of:

(i)

their impact in the Member States of the risk group;

(ii)

their economic impact, effectiveness and efficiency;

(iii)

their impact on the environment;

(iv)

their impact on customers.

Where appropriate, include:

—

measures to enhance interconnections between neighbouring Member States,

—

measures to diversify gas routes and sources of supply,

▼M3

—

measures to prevent capacity hoarding;

▼B

—

measures to protect key infrastructure relevant for the security of supply in relation to control by third-country entities (including, where relevant, general or sector-specific investment screening laws, special rights for certain shareholders, etc.);

(b)

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.

(c)

where non-market-based measures are applied (per measure):

(i)

justify why the measure is necessary (i.e. why the security of supply cannot be achieved via market-based measures alone);

(ii)

justify why the measure is proportionate (i.e. why the non-market-based measure is the least restrictive means to achieve the intended effect);

(iii)

provide an analysis of the impact of such a 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:

(1)

on other Member State's security of supply;

(2)

on the national market;

(3)

on the internal market;

(d)

explain the extent to which efficiency measures, including on the demand side, have been considered to increase the security of supply;

(e)

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 ( 23 )

1. Definition of crisis levels

(a)

indicate the body responsible for the declaration of each crisis level and the procedures to follow in each case for such declarations;

(b)

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 ( 24 )

2.1. Early Warning

Describe the measures to be applied at this stage, indicating, per measure:

(i)

a brief description of the measure and main actors involved;

(ii)

describe the procedure to follow, if applicable;

(iii)

indicate the expected contribution of the measure to cope with the impact of any event or prepare ahead of its appearance;

(iv)

describe the flows of information among the actors involved.

2.2. Alert Level

(a)

describe the measures to be applied at this stage, indicating, per measure:

(i)

a brief description of the measure and main actors involved;

(ii)

describe the procedure to follow, if applicable;

(iii)

indicate the expected contribution of the measure to cope with the situation at alert level;

(iv)

describe the flows of information among the actors involved;

(b)

describe the reporting obligations imposed on natural gas undertakings at alert level.

2.3. Emergency Level

(a)

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;

(b)

describe the market-based measures to be applied at this stage, indicating, per measure:

(i)

a brief description of the measure and main actors involved;

(ii)

describe the procedure to follow;

(iii)

indicate the expected contribution of the measure to mitigate the situation at emergency level;

(iv)

describe the flows of information among the actors involved;

(c)

describe the non-market-based measures planned or to be implemented for the emergency level, indicating, per measure:

(i)

a brief description of the measure and main actors involved;

(ii)

provide an assessment of the necessity of such measure in order to cope with a crisis, including the degree of its use;

(iii)

describe in detail the procedure to implement the measure (e.g. what would trigger the introduction of this measure, who would take the decision);

(iv)

indicate the expected contribution of the measure to mitigate the situation at emergency level as a complement to market-based measures;

(v)

assess other effects of the measure;

(vi)

justify the compliance of the measure with the conditions laid down in Article 11(6);

(vii)

describe the flows of information among the actors involved;

(d)

describe reporting obligations imposed on natural gas undertakings.

3. Specific measures for the electricity and district heating

(a)

district heating

(i)

briefly indicate the likely impact of a disruption of gas supply in the district heating sector;

(ii)

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;

(b)

supply of electricity generated from gas

(i)

briefly indicate the likely impact of a disruption of gas supply in the electricity sector;

(ii)

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;

(iii)

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

(a)

per crisis level, define the roles and responsibilities, including interactions with the competent authorities and, where appropriate, with the national regulatory authority, of:

(i)

natural gas undertakings;

(ii)

industrial customers;

(iii)

relevant electricity producers;

(b)

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

(a)

indicate the calendar for the real time response simulations of emergency situations;

(b)

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:

(i)

brief description of the measure and main actors involved;

(ii)

describe the procedure to follow, if applicable;

(iii)

indicate the expected contribution of the measure to cope with the impact of any event or prepare ahead of its appearance;

(iv)

describe the flows of information among the actors involved.

8.1.2. Alert Level

(a)

describe the measures to be applied at this stage, indicating, per measure:

(i)

brief description of the measure and main actors involved;

(ii)

describe the procedure to follow, if applicable;

(iii)

indicate the expected contribution of the measure to cope with the impact of any event or prepare ahead of its appearance;

(iv)

describe the flows of information among the actors involved;

(b)

describe the reporting obligations imposed on natural gas undertakings at alert. level.

8.1.3. Emergency Level

(a)

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;

(b)

describe the market-based measures to be applied at this stage, indicating, per measure:

(i)

brief description of the measure and main actors involved;

(ii)

describe the procedure to follow;

(iii)

indicate the expected contribution of the measure to mitigate the situation at emergency level;

(iv)

describe the flows of information among the actors involved;

(c)

describe the non-market-based measures planned or to be implemented for the emergency level, indicating, per measure:

(i)

brief description of the measure and main actors involved;

(ii)

provide an assessment of the necessity of such measure in order to cope with a crisis, including the degree of its use;

(iii)

describe in detail the procedure to implement the measure (e.g. what would trigger the introduction of the measure, who would take the decision);

(iv)

indicate the expected contribution of the measure to mitigate the situation at emergency level as a complement to market-based measures;

(v)

assess other effects of the measure;

(vi)

justify the compliance of the measure with the conditions established in Article 11(6);

(vii)

describe the flows of information among the actors involved;

(d)

describe reporting obligations imposed on natural gas undertakings.

8.2. Cooperation mechanisms

(a)

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;

(b)

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

(a)

describe the agreed arrangements among directly connected Member States to ensure the application of the solidarity principle referred to in Article 13;

(b)

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:

(a)

supply-side measures:

—

use of strategic gas storage,

—

enforced use of stocks of alternative fuels (e.g. in accordance with Council Directive 2009/119/EC ( 25 )),

—

enforced use of electricity generated from sources other than gas,

—

enforced increase of gas production levels,

—

enforced storage withdrawal;

(b)

demand-side measures:

—

various steps of compulsory demand reduction including:

—

enforced fuel switching,

—

enforced utilisation of interruptible contracts, where not fully utilised as part of market-based measures,

—

enforced firm load shedding.

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

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)

1. Panoramica

1.1 Riferimenti

1.2 Requisiti identificati

1.3 Standard correlati

2. Requisiti identificati

3. Standard correlati

Ticket collegati