Source: European Parliament
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2017/1938 as regards the role of gas storage for securing gas supplies ahead of the winter season
(COM(2025)0099 – C10‑0041/2025 – 2025/0051(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2025)0099),
– having regard to Article 294(2) and Article 194(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C10‑0041/2025),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the opinion of the European Economic and Social Committee of 26 March 2025[1],
– having regard to the opinion of the Committee of the Regions of …[2],
– having regard to Rule 60 of its Rules of Procedure,
– having regard to the report of the Committee on Industry, Research and Energy (A10-0079/2025),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
AMENDMENTS BY THE EUROPEAN PARLIAMENT[*]
to the Commission proposal
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REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
Amending Regulation (EU) 2017/1938 as regards the role of gas storage for securing gas supplies ahead of the winter season
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure,
Whereas:
(1) Regulation (EU) 2022/1032 of the Parliament and of the Council[3] was adopted in reaction to the gas-supply crisis and unprecedented price increases caused by the escalation of the Russia’s ongoing unjustified and unprovoked war of aggression against Ukraine since February 2022, impelling the Union to act in a coordinated and comprehensive manner to avoid potential risks resulting from further gas-supply disruptions.
(2) Regulation (EU) 2022/1032 amended Regulation (EU) 2017/1938 by introducing a temporary legal framework for measures regarding the filling level of underground storage facilities to strengthen the security of gas supply in the Union, in particular gas supplies to protected customers.
(3) Gas-storage facilities provide for 30% of the Union’s gas consumption during the winter months, and well-filled underground gas-storage facilities as well as gas demand reduction contribute substantially to the security of gas supply by providing additional gas in the event of high demand or supply disruptions.
(4) The laying down of a mandatory target to ensure that gas-storage facilities are 90% full by 1 November (filling target), with a series of intermediate targets for each Member State in February, May, July and September of the following year ▌(filling trajectory), proved to be fundamental during the energy crisis sparked by Russia’s war of aggression against Ukraine and Russia’s weaponisation of its gas supplies in both: (i) weathering the gas-supply shortages; and (ii) reducing market uncertainties and price volatility.
(5) Despite the substantial improvement of the gas market situation compared to the period 2022-2023 ▌, the European gas market remains tight and the geopolitical situation remains unclear. More intense competition for global LNG supplies can increase Member States exposure to price volatility. ▌In such situation, the role of gas storages remains paramount. ▌
(6) Pursuant to Regulation (EU) 2017/1938 the obligation of the Member States to follow an annual filling trajectory and to ensure that the filling target is achieved by 1 November of each year expires on 31 December 2025.
(6a) Since 2022, the Union has substantially succeeded in making gas supplies more secure by increasing LNG imports from trustworthy global partners and is aiming to fully eliminate the Union’s reliance on Russian fossil fuels, building on the progress of REPowerEU. The Union has developed new regasification facilities and port terminals, while also establishing a liquid gas market that ensures strong resilience against potential disruptions in the remaining Russian pipeline supplies.
(6b) The changed global political environment has to be taken into account with regard to the reliability of the gas suppliers and gas supplying countries.
(7) In the light of the European success to derisk its gas import structure, the overall framework to meet the Union’s need for natural gas must strike a balance between energy security and the return to market-based principles. It must thus be flexible enough during the filling season to allow a swift reaction to constantly changing market conditions and in particular to take advantage of the best purchasing conditions in order to bring down gas prices in Europe. The filling target should therefore be lowered to 83 %
(8) To enhance market stability and mitigate the risk of undue price volatility potentially triggered by intermediary filling targets, it is appropriate to provide increased flexibility for storage filling. Member States should therefore provide indicative filling plans on a yearly basis that could include where appropriate an indicative filling trajectory and should allow for storage filling in such a way that there is sufficient flexibility available for market participants throughout the year, taking into account Recommendation (2025)1481.
(8a) Member States should have the possibility to deviate by up to four percentage points from the filling target in the case of unfavourable market conditions, relating, inter alia, to factors such as supply and demand and competition, or of trading activities hindering cost-effective storage filling, that significantly limit the ability to ensure that the gas storages are filled in accordance with this Regulation.
(8b) Moreover, the Commission should be empowered to adopt delegated acts to amend for one filling season the level of the allowed deviation of four percentage points by increasing it by up to an additional four percentage points, in the case of persistent unfavourable market conditions.
(8c) The cumulative effects of the flexibilities and derogations in this Regulation should not bring down the overall storage filling obligations under 75 %.
(9) The Commission’s assessment of the current energy-security framework has confirmed the positive impact of the storage-filling requirements on the security of gas supply and those positive effects should be preserved beyond 2025. Extending these measures would not only contribute to the continued safeguarding of supply security, but would also constitute a key instrument in the Union’s efforts to eliminate its dependence on imports of gas originating in the Russian Federation.
(9a) At the same time this Regulation should respond to current and future changes in the natural gas markets and contribute to the strategic objective of bringing down energy prices and facilitate the gradual return towards market-based mechanisms for storage refilling.
(9b) In order to maintain the security of supply and the appropriate level of filling, the Commission should continuously monitor the market and explore ways that could help meet the filling target, for example using demand aggregation and joint purchasing mechanisms.
(10) It is therefore necessary to extend by two years the relevant gas storage filling provisions that provide predictability and transparency as to the utilisation of gas-storage facilities across the Union while at the same time introducing some flexibility into this Regulation.
(10a) In line with the Commission’s commitment to better regulation and simplification, and reflecting the overall improvement in the Union’s energy security framework, the monitoring of compliance with this Regulation should place greater trust in the Member States’ administrative capacities. The supervisory burden on the Commission should be reduced accordingly, with a shift towards lighter-touch reporting obligations and streamlined procedures. This approach reinforces the principle of subsidiarity, avoids unnecessary administrative complexity, and is consistent with the Commission’s simplification efforts as outlined in its Work Programme 2025.
(10b) Regulation (EU) 2017/1938 should be revised by the Commission in due time and before 2027 to be adapted to the evolving energy landscape and to reflect the future needs for gas storage. Among other issues, any amendments should address the limitations of the current definition of “protected customers”, the prevention of speculation on the gas markets and speculative activities that artificially inflate prices, the role of energy efficiency measures leading to verifiable gas demand reduction and how this could be used for further flexibilities by Member States and consider the framework under an evolving energy mix that will have an increased role of alternative sources to gas such as renewable energy sources, hydrogen together with the role of energy efficiency.
(11) Regulation (EU) 2017/1938 should therefore be amended accordingly,
HAVE ADOPTED THIS REGULATION:
Article 1
Amendment to Regulation (EU) 2017/1938
▌Regulation (EU) 2017/1938 is amended as follows:
(1) in Article 2, point 27 is deleted;
(2) Article 6a is amended as follows:
(a) the title is replaced by the following: ‘Filling target’;
(b) in paragraph 1, the first subparagraph is replaced by the following:
‘1. Subject to paragraphs 2 to 5, Member States shall meet the filling target of 83 % for the aggregated capacity of all underground gas storage facilities that are located on their territory and directly interconnected to a market area in their territory and for storage facilities listed in Annex Ib at any point in time between 1 October and 1 December each year.’;
(c) the following paragraphs are inserted:
‘5a. Notwithstanding paragraph 1 and without prejudice to the obligation of other Member States to fill the underground gas storage facilities concerned, Member States may decide to deviate by up to four percentage points, from the filling target set out in paragraph 1 for each Member State if market conditions are unfavourable for filling underground gas storage facilities.
5b. In duly justified cases of persistent unfavourable market conditions, and provided that the security of supply of the Union and the Member States is not undermined, the Commission is empowered to adopt delegated acts in accordance with Article 19 to amend this Regulation by increasing the allowed deviation for Member States, as laid down in paragraph 5a by up to 4 percentage points.
In its assessment, the Commission shall in particular take into account the level of storage filling in the Member States, global gas supply, ENTSOG’s seasonal supply outlook, and indications of market manipulation. It may also take into consideration Member State measures, such as the deployment of gas demand-reduction measures for gas that achieve equivalent gas reductions during the following withdrawal season.
5c. Member States referred to in paragraph 2 may under the same conditions as those provided for in paragraph 5a decide to deviate by up to 1,55 % below the volume set out in paragraph 2.
5d. Before using any of the deviations provided for in paragraphs 5a and 5c, each Member State shall consult the Commission and provide without undue delay a justification for its decision. The Commission shall promptly inform the GCG about the cumulative effects of all deviations pursuant to paragraphs 5a and 5c and any directly affected Member States.’;
(d) paragraph 6 and 7 are replaced by the following:
‘6. In order to meet the filling target, Member States shall take all necessary measures and strive to follow the filling plan defined in accordance to paragraph 7.
7. Member States with underground gas storage facilities shall submit to the Commission in due time an indicative filling plan for the whole calendar year to reach the yearly gas storage filling target set in paragraph 1. The plan shall include technical information for the underground gas storage facilities on its territory and shall be directly interconnected to its market area in an aggregated form.’;
(e) paragraph 8 is deleted;
(f) paragraphs 10 and 11 are replaced by the following:
‘10. The competent authority of each Member State shall continuously monitor compliance with the filling target as set in the filling plan and shall report regularly and at least once per month to the Commission and the GCG. If it is foreseen that the target cannot be met, the competent authority shall, without delay, take effective measures to meet the target. Member States shall inform the Commission and the GCG of the measures taken.
11. In the event of a substantial and sustained deviation by a Member State from the filling plan, which compromises the meeting of the filling target or in the event of a deviation from the filling target, the Commission shall, where appropriate, after consulting the GCG and the Member States concerned, issue a recommendation to that Member State or to the other Member States concerned regarding measures to be taken immediately to remedy the deviation or to minimize the impact on the security of supply, considering inter alia possible unfavourable market conditions. and specificities of Member States, such as the technical characteristics and size of the underground gas storage facilities in relation to the domestic gas consumption, the declining importance of the underground low calorific gas storage facilities for the security of gas supply, and existing LNG storage capacity.
11a. When a Member State does not meet the filling target set in paragraph 1 thus endangering the security of supply of the Union, the Commission shall adopt an implementing act setting a filling plan for that Member State for the year after, based on the technical information provided by each Member State and taking into account the assessment of the GCG. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 18a(2). It shall be based on an assessment of the general security of gas supply situation and the development of gas demand and supply in the Union and individual Member States with the aim of safeguarding the security of gas supply.’;
(3) Article 6b is amended as follows:
(a) the title is replaced by the following: ‘Implementation of the filling target’;
(b) in paragraph 1, the first subparagraph is replaced by the following:
‘1. Member States shall take all necessary measures to meet the filling target set pursuant to Article 6a. When ensuring that the filling target is met, Member States shall prioritise, where possible, market-based measures.’;
(c) paragraph 2 is replaced by the following:
‘2. The measures taken by the Member States pursuant to paragraph 1 shall be limited to what is necessary to meet the filling target. They shall be clearly defined, transparent, proportionate, non-discriminatory and verifiable. They shall not unduly distort competition or the proper functioning of the internal market in gas, unduly increase energy costs or endanger the security of gas supply of other Member States or of the Union. Member States shall inform the Commission and the GCG of any such measures.’;
(4) Article 6c is amended as follows:
(a) in paragraph 1, first subparagraph is replaced by the following:
‘1. A Member State without underground gas storage facilities shall ensure that market participants within that Member State have in place arrangements with underground storage system operators or other market participants in Member States with underground gas storage facilities. Those arrangements shall provide for the use, by 1 December, of storage volumes corresponding to at least 15 % of the average annual gas consumption over the preceding five years of the Member State without underground gas storage facilities. However, where cross-border transmission capacity or other technical limitations prevent a Member State without underground gas storage facilities from fully using 15 % of those storage volumes, that Member State shall store only those volumes that are technically possible.’;
(b) in paragraph 2, second subparagraph is replaced by the following:
‘Member States without underground gas storage facilities shall demonstrate that they comply with paragraph 1 and shall notify the Commission accordingly.’;
(c) in paragraph 5, first subparagraph, point (a) is replaced by the following:
‘(a) ensure that by 1 December storage volumes correspond at least to the average usage of the storage capacity over the preceding five years, determined, inter alia, by taking into account the flows during withdrawal season over the preceding five years from the Member States where the storage facilities are located; or’;
(d) paragraph 6 is replaced by the following:
‘6. Unless otherwise specified in Annex Ib, in the case of underground gas storage facilities located in one Member State that are not covered by paragraph 5 but that are directly connected to the market area of another Member State, that other Member State shall ensure that between 1 October and 1 December storage volumes correspond to at least the average of the storage capacity booked at the relevant cross-border point over the preceding five years.’;
(5) Article 6d is amended as follows:
(a) paragraphs 1 and 2 are replaced by the following:
‘1. Storage system operators shall report the filling level to the competent authority in each Member State where the underground gas storage facilities concerned are located and, if applicable, to an entity designated by that Member State (the ‘designated entity’) as set pursuant to Article 6a.
2. The competent authority and, if applicable, the designated entity of each Member State shall monitor the filling levels of the underground gas storage facilities on their territory at the end of each month and report monthly the results to the Commission without any delay. The competent authority shall also include information on the share of gas originating in the Russian federation being stored in that Member State, where such information is available.
The Commission may, where appropriate, invite the European Union Agency for the Cooperation of Energy Regulators (ACER) to assist with such monitoring.’;
(b) paragraphs 4 and 5 are replaced by the following:
‘4. The GCG shall assist the Commission in the monitoring of the filling ▌target, and shall develop guidance for the Commission on adequate measures to ensure better alignment in the event that Member States filling rates compromise the achievement of the filling target, or to ensure compliance with the filling target.
4a. Where appropriate, the Commission shall implement measures helping Member States to meet the filling target, including measures to encourage participation in the demand aggregation and joint purchasing mechanism set up under Regulation (EU) 2022/2576 (‘AggregateEU’)* .
5. Member States and, where appropriate, the Commission shall take the necessary measures to meet the filling target and to enforce upon market participants the storage obligations. These measures may include sufficiently deterrent sanctions and fines, such as adequate financial penalties.
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* Council Regulation (EU) 2022/2576 of 19 December 2022 enhancing solidarity through better coordination of gas purchases, reliable price benchmarks and exchanges of gas across borders (OJ L 335, 29.12.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2576/oj).’;
(6) in Article 17a, paragraph 1, the following point is added:
‘(da) the information about the share of gas originating in the Russian federation stored in the EU storages, provided by Member States in accordance with Article 6d(2).’;
(7) in Article 22, the fourth paragraph is replaced by the following:
‘Article 2, points (27) to (31), Articles 6a to 6d, Article 16(3), Article 17a, Article 18a, Article 20(4) and Annex Ib shall apply until 31 December 2027.’;
(8) Annex Ia is deleted.
Article 2
Entry into force
This Regulation shall enter into force and shall apply on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the European Parliament
The President
For the Council
The President