Article 84 Amendments to Regulation (EU) 2017/1938

Article 84 (1)

Article 1 is replaced by the following:

‘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 84 (2)

Article 2 is amended as follows:

(a)	point (1) is deleted;

(b)

the following point is added:

‘(32)

“gas” means natural gas as defined in Article 2, point (1), of Directive (EU) 2024/1788 (*1).

(*1) Directive (EU) 2024/1788 of the European Parliament and of the Council of 13 June 2024 on common rules for the internal markets in renewable gas, natural gas and hydrogen, amending Directive (EU) 2023/1791 and repealing Directive 2009/73/EC (OJ L, 2024/1788, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1788/oj).’;"

Article 84 (3)

Article 7 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1. By 1 November 2026, ENTSOG shall carry out a Union-wide simulation of gas supply and infrastructure disruption scenarios, including scenarios of a prolonged disruption of a single supply source. The simulation shall include the identification and assessment of emergency gas supply corridors and shall also identify which Member States can address identified risks, including in relation to gas storage and LNG as well as scenarios examining the impact of a decrease in gas demand through energy savings or energy efficiency measures. The gas supply and infrastructure disruption scenarios and the methodology for the simulation shall be defined by ENTSOG in cooperation with the GCG. ENTSOG shall ensure an appropriate level of transparency and access to the modelling assumptions used in its scenarios. The Union-wide simulation of gas supply and infrastructure disruption scenarios shall be repeated every four years until circumstances warrant more frequent updates.’

;

(b)

in paragraph 4, point (e) is replaced by the following:

‘(e)

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, including hoarding of storage capacities, or an infringement of Union law;’

;

Article 84 (4)

Article 8 is amended as follows:

(a)	paragraph 1 is deleted;

(b)

in paragraph 3, the third subparagraph is replaced by the following:

‘The regional chapters shall contain appropriate and effective cross-border measures, including in relation to gas storage 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.’

;

Article 84 (5)

the following article is inserted:

‘Article 8a

Measures on cybersecurity

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

2. The Commission is empowered to adopt delegated acts in accordance with Article 19 to supplement this Regulation by establishing gas sector-specific rules for the cybersecurity aspects of cross-border gas flows, including rules on common minimum requirements, planning, monitoring, reporting and crisis management.

3. For the purpose of drafting the delegated acts referred to in paragraph 2 of this Article, the Commission shall work closely with the Agency, the European Union Agency for Cybersecurity (ENISA), ENTSOG and a limited number of main stakeholders concerned, as well as entities with existing competences in cybersecurity, within their own mandate, such as Security Operation Centres (SOCs) relevant for regulated entities, and computer security incident response teams (CSIRTs), as referred to in Article 10 of Directive (EU) 2022/2555 of the European Parliament and of the Council (*2).

(*2) Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive)(OJ L 333, 27.12.2022, p. 80).’;"

Article 84 (6)

Article 9, paragraph 1 is amended as follows:

(a)

point (e) is replaced by the following:

‘(e)

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 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;’

;

(b)

the following point is added:

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

;

Article 84 (7)

in Article 11, the following paragraph is inserted:

‘7a. By way of derogation from Article 6(1), (2) and (3), Article 6b(1), third subparagraph, point (a), Article 6c(2), second subparagraph, point (b), and Article 10(1), point (l), Member States may, exceptionally, decide to take temporary measures to reduce the non-essential gas consumption of protected customers, in particular when one of the crisis levels pursuant to paragraph 1 of this Article or a regional or Union emergency pursuant to Article 12 is declared. Such temporary measures shall be limited to non-essential gas consumption and shall take into account the following elements:

(a)	the impact of a disruption on supply chains that are critical for society;

(b)	the possible negative impacts in other Member States, in particular on supply chains of downstream sectors that are critical for society;

(c)	the potential long-lasting damage to industrial installations;

(d)	the possibilities for reducing consumption and substituting products in the Union.

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.

As a result of measures referred to in the first subparagraph of this paragraph, the reduction of non-essential gas consumption of vulnerable customers, as defined by Member States in accordance with Article 26 of Directive (EU) 2024/1788, shall be avoided.’

Article 84 (8)

in Article 12(6), the second subparagraph is replaced by the following:

‘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 modify its action or take action in order to ensure compliance with paragraph 5 as far as technically and safely possible for the integrity of the gas system. The Member State or the competent authority shall inform the Commission of the measures adopted.’

Article 84 (9)

Article 13 is amended as follows:

(a)

paragraphs 3, 4 and 5 are replaced by the following:

‘3. A solidarity measure shall be taken as a last resort and shall apply provided that the requesting Member State has:

(a)	declared an emergency under Article 11;

(b)

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) or, where a Member State has taken temporary measures to reduce the non-essential gas consumption of protected customers in accordance with Article 11(7a), the essential volumes of gas consumption to its solidarity protected customers;

(c)	exhausted all market-based measures (voluntary measures), all non-market-based measures (mandatory measures) and other measures contained in its emergency plan;

(d)	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 (c) of this paragraph.

3a. The Member States which are obliged to provide solidarity pursuant to paragraph 1 shall be entitled to deduct from the solidarity offer the supplies to its solidarity protected customers or, where a Member State has taken temporary measures to reduce the non-essential gas consumption of protected customers in accordance with Article 11(7a), the supplies of the essential volumes of consumption of gas to its solidarity protected customers.

4. The Member States that receive a request for a solidarity measure shall make offers on the basis of voluntary demand-side measures as much as and for as long as possible, before resorting to non-market-based measures.

Where market-based measures prove to be insufficient for the Member State providing solidarity to cover the deficit in gas supply to solidarity protected customers in the requesting Member State, the Member State providing solidarity may introduce non-market-based measures in order to comply with the obligations laid down in paragraphs 1 and 2.

5. If there is more than one Member State that could provide solidarity to a requesting Member State, the requesting Member State shall, after consulting all Member States required to provide solidarity, seek the most advantageous offer on the basis of costs, speed of delivery, reliability and diversification of gas supplies. Where the available market-based offers prove not to be sufficient to cover the deficit in gas supply to the solidarity protected customers in the requesting Member State or, where the requesting Member State has taken temporary measures to reduce the non-essential gas consumption of protected customers in accordance with Article 11(7a), the deficit in gas supply of the essential volumes of gas consumption to its solidarity protected customers, the Member States required to provide solidarity shall be obliged to activate non-market-based measures.’

;

(b)

paragraph 8 is amended as follows:

(i)

in the first subparagraph, the introductory wording is replaced by the following:

‘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.

Where two Member States have agreed on the necessary technical and legal arrangements pursuant to paragraph 10 (solidarity agreement), such fair compensation shall cover at least:’

;

(ii)

the second and the third subparagraphs are replaced by the following:

‘Fair compensation pursuant to the first and second subparagraphs 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.

Member States shall adopt the necessary measures, in particular the technical, legal and financial arrangements pursuant to paragraph 10, to implement the first, second and third subparagraphs of this paragraph. Such measures may provide for the practical arrangements of prompt payment.’

;

(c)

the following paragraphs are inserted:

‘8a. Where two Member States have not agreed on the necessary technical, legal and financial arrangements pursuant to paragraph 10 by means of a solidarity agreement, the delivery of gas pursuant to the obligation laid down in paragraph 1 in the event of an emergency shall be subject to the conditions set out in this paragraph.

The compensation for the solidarity measure shall not exceed reasonable costs. Unless both the Member State requesting solidarity and the Member State providing solidarity agree otherwise, the compensation shall include:

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

(b)	the storage and transport costs;

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

(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.

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, at the closest accessible virtual trading point, or at an agreed hub over the day preceding the request for solidarity. Compensation for the gas volumes delivered in the context of a solidarity request 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.

The Member State to which the request for a solidarity measure is addressed shall provide the solidarity measure as soon as possible and no later than the indicated delivery time for the request. A Member State may refuse to provide solidarity to a Member State requesting solidarity provided that the requested Member State demonstrates that:

(a)	it does not have enough gas for the volumes to be supplied to the solidarity protected customers; or

(b)	it does not have sufficient interconnection capacity available, as set out in Article 13(7), or gas flows are restricted through a third country.

Such refusal shall be strictly limited to the volumes of gas affected by one or both of the limitations referred to in the fourth subparagraph.

In addition to the default rules provided for in this paragraph, Member States may agree on technical arrangements and on the coordination of the provision of solidarity. This paragraph shall be without prejudice to existing arrangements for the safe and reliable operation of the gas system.

8b. Where two Member States have not agreed on the necessary technical, legal and financial arrangements pursuant to paragraph 10 by means of a solidarity agreement, 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:

(a)	the contact details of the competent authority of the Member State;

(b)	where relevant, the contact details of the relevant transmission system operators of the Member State;

(c)	where relevant, the contact details of the third party acting on behalf of the Member State;

(d)	the delivery period including timing of the first possible delivery and the anticipated duration of deliveries;

(e)	the delivery and interconnection points;

(f)	the gas volume in kWh for each interconnection point;

(g)	the gas quality.

The solidarity request shall be sent simultaneously to Member States potentially being able to provide solidarity measures, to the Commission and to the crisis managers designated pursuant to Article 10(1), point (g).

The Member States receiving a solidarity request shall send a response that indicates the contact details referred to in the first subparagraph, points (a), (b) and (c), and the volume and quality that can be supplied to the interconnection points at the time requested as referred to in the first subparagraph, points (d) to (g). If the volume that can be supplied by voluntary measures is insufficient, the response shall indicate the volume resulting from possible curtailment, from the release of strategic stocks or from the application of other measures.

Solidarity requests shall be submitted at least 48 hours before the indicated delivery time for gas.

The response to solidarity requests shall be effective within 18 hours. The confirmation of the volume to be taken by the Member State requesting solidarity shall be effective within six hours of receipt of the solidarity offer and at least 24 hours before the indicated delivery time for gas. The request may be submitted for a period of one day or several days, and the response shall match the requested duration. Where there are several Member States providing solidarity and bilateral solidarity arrangements are in place with one or several of them, those arrangements shall prevail between the Member States having agreed bilaterally. The default rules provided for in this paragraph shall only be applicable in relation to the other Member States providing solidarity.

The Commission may facilitate the implementation of solidarity, in particular by means of a template accessible on a secured online platform to enable real-time transmission of requests and offers.

8c. Where a solidarity measure has been provided in accordance with paragraphs 1 and 2, the final amount of the fair compensation that has been paid by the requesting Member State shall be subject to ex post control by the national regulatory authorities of the providing Member State and the requesting Member State, within three months of the end of the emergency.

Where the national regulatory authorities have not reached an agreement on the calculation of the final amount of the fair compensation, they shall inform the relevant competent authorities, the Commission and the Agency without delay. In that case, or upon a joint request from the national regulatory authorities, the Agency shall calculate the appropriate level of the fair compensation for the indirect costs occurred as a result of the provision of solidarity and provide a factual opinion within three months of the date of referral to the Agency. Before providing such factual opinion, the Agency shall consult the national regulatory authorities and the relevant competent authorities.

The three-month period referred to in the second subparagraph may be extended by an additional period of two months where further information is requested by the Agency. That additional period shall begin on the day following receipt of the complete information. The requesting Member State shall be consulted and give its opinion on the conclusion of the ex post control. Following the consultation with the requesting Member State, the authority which exercises that ex post control is entitled to require a rectification of the amount of the compensation, taking into account the opinion of the requesting Member State. The conclusions of that ex post control shall be transmitted to the Commission, which shall take them into consideration in its report on the emergency pursuant to Article 14(3).’

;

(d)

paragraphs 10 and 11 are replaced by the following:

‘10. The Member States shall adopt the necessary measures to ensure that gas is supplied to solidarity protected customers in the requesting Member State in accordance with paragraphs 1 and 2 and shall make their best endeavours to agree on technical, legal and financial arrangements. Such technical, legal and financial arrangements shall be agreed among the Member States which are directly connected or, in accordance with paragraph 2, connected via a third country, and shall be described in their respective emergency plans. Such arrangements may cover, among others, the following elements:

(a)	the operational safety of networks;

(b)	gas prices to be applied and the methodology for their setting, taking into account the impact on the functioning of the market;

(c)	the use of interconnections, including bi-directional capacity and underground gas storage;

(d)	gas volumes or the methodology for their setting;

(e)	categories of costs that will have to be covered by a fair and prompt compensation, that may include damages for curtailed industry;

(f)	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 participants 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.

Where new and significant reasonable costs to be included in the fair compensation arise, as a result of judicial proceedings pursuant to paragraph 8, second subparagraph, point (c), after concluding the ex post control, the providing Member State shall inform immediately the requesting Member State. The national regulatory authorities and, where relevant, the Agency shall carry out a new ex post control pursuant to paragraph 8c. The outcome of that new ex post control is without prejudice to the obligation for a providing Member State to compensate damages to customers under national law and their right to receive a fair compensation.

11. For as long as a Member State can cover the gas consumption for its solidarity protected customers from its own production, it shall not be considered to be necessary to conclude technical, legal and financial arrangements with Member States with which it is directly connected or, in accordance with paragraph 2, via a third country, for the purpose of receiving solidarity. This shall not affect the obligation of the relevant Member State to provide solidarity to other Member States pursuant to this Article.’

;

(e)	paragraphs 12, 13 and 14 are deleted;

(f)

paragraph 15 is replaced by the following:

‘15. The obligations laid down in paragraphs 1 and 2 of this Article shall cease to apply immediately after the declaration of the end of an emergency or when the Commission concludes, in accordance with Article 11(8), first subparagraph, that the declaration of an emergency is not or is no longer justified.’

;

Article 84 (10)

the following article is inserted:

‘Article 13a

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

1. Without prejudice to the principle of energy solidarity, this Article shall apply when Member States which are indirectly connected via another Member State and have received a request for voluntary contribution pursuant to paragraph 2 of this Article contribute to provide the requested gas volumes pursuant to Article 13(1) or (2), using voluntary measures as referred to in Article 13(3), point (c).

2. The Member State requesting solidarity under Article 13 may send a request for a voluntary contribution on the basis of market-based measures simultaneously to one or more other, indirectly connected Member States to seek the most advantageous offer or combination of offers, on the basis of the cost, speed of delivery, reliability and diversification of gas supplies pursuant to Article 13(4).

Requests pursuant to the first subparagraph of this Article shall be submitted to the indirectly connected Member States potentially being able to provide gas volumes on the basis of voluntary measures, to the Commission and to the crisis managers designated pursuant to Article 10(1), point (g), at least 48 hours before the indicated delivery time for gas. Those requests shall include at least the information referred to in Article 13(8b), first subparagraph.

Member States that receive the request pursuant to the first subparagraph of this Article shall respond to the requesting Member State, and inform the Commission and the crisis managers designated pursuant to Article 10(1), point (g), within 18 hours, indicating whether they can make an offer for gas volumes on the basis of voluntary measures. The response shall include at least the information referred to in Article 13(8a). Member States may respond by indicating their inability to contribute using market-based measures.

3. When the sum of the gas volumes resulting from the offers pursuant to Article 13(1) and (2) and offers pursuant to this Article do not reach the required volumes, offers pursuant to this Article shall be automatically selected.

When the sum of the gas volumes resulting from the offers pursuant to Article 13(1) and (2) and offers pursuant to this Article exceed the required volumes, offers pursuant to this Article shall be taken into account in the process of selecting offers pursuant to Article 13(4), and the requesting Member State shall, after consulting all involved Member States, seek the most advantageous offer, or a combination of offers amongst offers pursuant to Article 13 or this Article, on the basis of cost, speed of delivery, reliability and diversification. Where contributions under this Article are selected by the requesting Member States, the request pursuant to Article 13(1) and (2) shall be reduced accordingly.

The requesting Member State shall inform the Member States concerned which volumes it has selected within six hours of receipt of the offer and at least 24 hours before the indicated delivery time of gas.

4. Where an indirectly connected Member State provides a voluntary contribution on the basis of market-based measures to the requesting Member State pursuant to paragraphs 1 and 2 of this Article, fair compensation shall not exceed reasonable costs and may include the costs referred to in Article 13(8a), second subparagraph. The final amount of fair compensation shall be subject to the ex post control mechanism described in Article 13(8c).

5. The transmission system operators of the Member States concerned shall cooperate and exchange information using the ReCo System for Gas established by ENTSOG pursuant to Article 3(6), in order to identify the available interconnection capacities within six hours of a request of a Member State or the Commission. ENTSOG shall inform the Commission and the competent authorities of the Member States concerned accordingly.’

Article 84 (11)

in Article 14(3), the first subparagraph is replaced by the following:

‘After an emergency, the competent authority referred to in paragraph 1 shall, as soon as possible and at the latest six weeks after the end of the emergency, provide the Commission with a detailed assessment of the emergency and the effectiveness of the measures implemented, including an assessment of the economic impact of the emergency, the impact on the electricity sector and the assistance provided to or received from, the Union and its Member States. Where relevant, that assessment shall include a detailed description of the circumstances that led to activating the mechanism referred to in Article 13 and the conditions under which the missing gas supplies were received, including the price and financial compensation paid, and, where relevant, the reasons why the solidarity offers were not accepted or gas was not supplied. Such assessment shall be made available to the GCG and shall be reflected in the updates of the preventive action plans and the emergency plans.’

Article 84 (12)

in Article 17a, the following paragraph is added:

‘2. The report that is to be submitted by the Commission by 28 February 2025 shall also include a general assessment of the application of Articles 6a to 6d, Article 7(1) and (4), point (g), Article 13, Article 13a, Article 16(3), Article 17a, Article 18a, Article 20(4), and Annexes Ia and Ib. The report shall be accompanied, where appropriate, by a legislative proposal to amend this Regulation.’

Article 84 (13)

Article 19 is amended as follows:

(a)	in paragraph 2, the following sentence is inserted after the first sentence: ‘The power to adopt delegated acts referred to in Article 8a(2) shall be conferred on the Commission for a period of five years from 4 August 2024.’ ;

(b)	in paragraph 3, the first sentence is replaced by the following: ‘3. The delegation of power referred to in Article 3(8), Article 7(5), Article 8(5) and Article 8a(2) may be revoked at any time by the European Parliament or by the Council.’ ;

(c)

in paragraph 6, the first sentence is replaced by the following:

‘6. A delegated act adopted pursuant to Article 3(8), Article 7(5), Article 8(5) or Article 8a(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object.’

;

Article 84 (14)

Annex VI is amended as follows:

(a)

in Section 5, first subparagraph, point (a), second subparagraph, the following indent is inserted after the second indent ‘measures to diversify gas routes and sources of supply,’:

‘—	measures to prevent capacity hoarding;’

;

(b)

in Section 11.3, first subparagraph, point (a), second subparagraph, the following indent is inserted after the second indent ‘measures to diversify gas routes and sources of supply,’:

‘—	measures to prevent capacity hoarding;’.

Article 84 Amendments to Regulation (EU) 2017/1938

1. Panoramica

1.1 Riferimenti

1.2 Requisiti identificati

1.3 Standard correlati

2. Requisiti identificati

3. Standard correlati