General principles
Member States, regulatory authorities designated pursuant to Article 76 of Directive (EU) 2024/1788 (the ‘regulatory authorities’), operators of natural gas systems or hydrogen systems and delegated operators such as market area managers or booking platform operators shall ensure that markets for natural gas and hydrogen are operated in accordance with the following principles:
(a)
prices for natural gas and hydrogen shall be formed on the basis of demand and supply;
(b)
transmission system operators and distribution system operators, and hydrogen transmission network operators and hydrogen distribution network operators shall cooperate with each other to provide network users with the freedom to book entry and exit capacity independently; natural gas and, from 2033, hydrogen shall be transported by means of the entry-exit system, rather than contractual paths;
(c)
tariffs charged at the entry and exit points in the natural gas system and in the hydrogen system shall be structured in such a way as to contribute to market integration, enhancing security of supply and promoting the interconnection between natural gas networks and between hydrogen networks;
(d)
undertakings that are active in the same entry-exit system shall exchange natural gas and, from 2033, hydrogen at the virtual trading point; producers of renewable gas and low-carbon gas shall have equal access to the virtual trading point, irrespective of whether they are connected to the distribution system or transmission system; natural gas and, from 2033, hydrogen may be exchanged physically at entry points from or exit points to third countries;
(e)
network users shall be responsible for balancing their balancing portfolios in order to minimise the need for transmission system operators and hydrogen transmission network operators to undertake balancing actions;
(f)
balancing actions shall be performed on the basis of standardised products in accordance with the network code on balancing established pursuant to this Regulation and conducted on a trading platform or by means of balancing services in accordance with that network code;
(g)
market rules shall avoid actions which prevent price formation on the basis of demand and supply for natural gas and hydrogen;
(h)
market rules shall ensure a consumer-centred and energy efficient approach in the markets for natural gas and hydrogen;
(i)
market rules shall foster the emergence and functioning of liquid trading for natural gas and hydrogen, fostering price formation and price transparency;
(j)
market rules shall enable the decarbonisation of the natural gas systems and hydrogen systems, including by enabling the integration into the markets of natural gas and hydrogen from renewable energy sources and by providing incentives for energy savings and efficiency, demand reduction, demand flexibility and energy system integration and facilitating the achievement of the Union’s climate and energy targets;
(k)
market rules shall deliver appropriate investment incentives, in particular for long-term investments in a decarbonised and sustainable natural gas system and hydrogen system, for energy storage, energy efficiency, demand reduction and demand response to meet market needs and system integration needs, and shall facilitate fair competition and security of supply, while implementing the energy efficiency first principle in avoiding investment incentives that lead to stranded assets;
(l)
rules on network planning shall, where appropriate, target the use of hydrogen for hard-to-decarbonise sectors, taking into account greenhouse gas abatement potential, encourage measures to reduce fossil gas demand, and contribute to the prudent and rational use of natural resources and the achievement of the Union’s climate and energy targets;
(m)
barriers to cross-border natural gas and hydrogen flows, if existing, between entry-exit systems shall be removed;
(n)
market rules shall facilitate regional cooperation and integration.
Upscaling of renewable gas and low-carbon gas in coal and carbon-intensive regions
The Commission shall support and encourage the penetration of renewable gas and low-carbon gas, in particular hydrogen and biomethane, into the Union energy system, in particular in coal and carbon-intensive regions, with the aim of increasing the share of renewable gas in particular in industrial processes, district heating and energy storage and thereby accelerate the phase out of solid fossil fuels in industrial and district heating sectors. The Commission shall also support the conversion of fossil fuels to renewable and low-carbon hydrogen and biomethane, as well as the creation of a hydrogen-ready workforce.
Separation of regulatory asset bases
1. Where a transmission system operator, a distribution system operator or a hydrogen network operator provides regulated services for natural gas, hydrogen or electricity, it shall comply with the requirement for unbundling of accounts as laid down in Article 75 of Directive (EU) 2024/1788 and Article 56 of Directive (EU) 2019/944 of the European Parliament and of the Council ( 38 ) and it shall have a separate regulatory asset base for natural gas, hydrogen or electricity assets. That separate regulatory asset base shall ensure that:
(a)
service revenue obtained from the provision of specific regulated services can be used only to recover the capital and operational expenditure related to the assets included in the regulatory asset base on which the regulated services were provided;
(b)
when assets are transferred to a different regulatory asset base, their value is established, subject to an audit and approval by the regulatory authority and is such that cross-subsidies do not occur.
2. A Member State shall not allow financial transfers between regulated services that are separate within the meaning of paragraph 1.
3. Member States may allow hydrogen network operators to spread the recovery through network access tariffs of hydrogen network costs over time in order to ensure that future users duly contribute to initial hydrogen network development costs. Such an inter-temporal cost allocation and its underlying methodology shall be subject to approval by the regulatory authority. Member States may put in place measures, such as a State guarantee, to cover the financial risk of hydrogen network operators associated with the initial cost recovery gap arising from the application of inter-temporal cost allocation provided that such measures comply with Article 107 TFEU.
4. By way of derogation from paragraph 2, a Member State may allow financial transfers between regulated services that are separate within the meaning of paragraph 1, provided that the regulatory authority has established that the financing of networks through network access tariffs paid by its network users only is not viable. The regulatory authority shall consider in its assessment, inter alia, the value of projected financial transfers, the resulting cross-subsidisation between users of the respective networks and the cost-efficiency of those financial transfers.
The following conditions shall apply to a financial transfer within the meaning of this paragraph:
(a)
all revenue needed for the financial transfer is collected as a dedicated charge;
(b)
the dedicated charge is collected only from exit points to final customers located within the same Member States as the beneficiary of the financial transfer;
(c)
the dedicated charge and financial transfer or the methodologies underlying their calculation are approved prior to their entry into force by the regulatory authority;
(d)
the approved dedicated charge and financial transfer and the methodologies, where methodologies are approved, are published no later than thirty days before their date of implementation;
(e)
the Commission and ACER have been notified by the Member State that it has allowed financial transfers.
5. The regulatory authority may approve a financial transfer and dedicated charge referred to in paragraph 4, provided that:
(a)
network access tariffs are charged to users of the regulatory asset base that benefits from a financial transfer;
(b)
the sum of financial transfers and service revenue collected through network access tariffs is not larger than the allowed or target revenue;
(c)
a financial transfer is approved for a limited period in time, and that period is no longer than one third of the remaining depreciation period of the infrastructure concerned.
6. By 5 August 2025, ACER shall issue recommendations to transmission system operators, distribution system operators, hydrogen network operators and regulatory authorities on the methodologies for setting the inter-temporal cost allocation.
ACER shall update the recommendations referred to in the first subparagraph at least every two years.
ACER may issue recommendations to transmission system operators, distribution system operators, hydrogen network operators and regulatory authorities on the methodologies for:
(a)
the determination of the value of the assets that are transferred to another regulatory asset base and the destination of any profits and losses that may occur as a result;
(b)
the calculation of the size and maximum duration of the financial transfer and dedicated charge;
(c)
the criteria to allocate contributions to the dedicated charge among final customers connected to the regulatory asset base.
Third-party access services concerning transmission system operators
1. Transmission system operators shall:
(a)
offer capacity and services on a non-discriminatory basis to all network users;
(b)
provide both firm and interruptible capacity; the price of interruptible capacity shall reflect the probability of interruption;
(c)
offer to network users both long and short-term capacity.
As regards the first subparagraph, point (a), where a transmission system operator offers the same service to different customers, it shall do so under equivalent contractual terms and conditions, either using harmonised transport contracts or a common network code approved by the regulatory authority in accordance with the procedure laid down in Article 78 or 79 of Directive (EU) 2024/1788.
2. By 5 August 2025, the Commission shall:
(a)
carry out an evaluation of the impact on the natural gas system of a tariff regime whereby no tariffs will be charged for access to transmission systems at interconnection points between Member States, or at interconnection points with third countries whose systems connect two or more Member States; and
(b)
submit a report to the European Parliament and to the Council.
That report may, where appropriate, be accompanied by legislative proposals to address the obstacles identified in the evaluation.
3. Transport contracts signed with non-standard start dates or with a shorter duration than a standard annual transport contract shall not result in arbitrarily higher or lower tariffs that do not reflect the market value of the service, in accordance with the principles laid down in Article 17(1).
4. Where two or more interconnection points connect the same two adjacent entry-exit systems, the adjacent transmission system operators concerned shall offer the available capacities at the interconnection points at one virtual interconnection point. Any contracted capacity at the interconnection points, regardless of the date of its conclusion, shall be transferred to the virtual interconnection point.
A virtual interconnection point shall be established provided that the following conditions are met:
(a)
the total technical capacity at the virtual interconnection points is equal to or higher than the sum of the technical capacities at each of the interconnection points contributing to the virtual interconnection points;
(b)
the virtual interconnection point facilitates the economic and efficient use of the system including the rules laid down in Articles 10 and 11.
5. Where appropriate, third-party access services may be granted subject to appropriate guarantees from network users with respect to the creditworthiness of such users. Such guarantees shall not constitute undue market-entry barriers and shall be non-discriminatory, transparent and proportionate.
6. Transmission system operators shall, if necessary for the purpose of carrying out their functions including in relation to cross-border transmission, have access to the network of other transmission system operators.
7. Paragraphs 1 to 6 shall be without prejudice to the possibility for Member States to take proportionate measures to temporarily restrict natural gas supplies from the Russian Federation and Belarus, for a fixed term, which may be renewed if justified, by limiting up-front bidding for capacity by any single network user at entry points from the Russian Federation or Belarus, where that is necessary to protect their essential security interests and those of the Union, provided that such measures:
(a)
do not unduly disrupt the proper functioning of the internal market for natural gas and cross-border flows of natural gas between Member States, and do not undermine the security of supply of the Union or of a Member State;
(b)
respect the principle of energy solidarity;
(c)
are taken in accordance with the rights and obligations of the Union and of the Member States with respect to third countries.
Taking into account the need to ensure the security of supply of the Union, measures taken by Member States pursuant to the first subparagraph may aim to diversify natural gas supplies with a view to phasing out dependence on Russian natural gas, where it can be demonstrated that such measures are necessary to protect their essential security interests and those of the Union.
Before deciding on a measure as referred to in the first subparagraph, the Member State concerned shall consult the Commission and, in so far as they are likely to be affected by the measure concerned, other Member States, the Energy Community Contracting Parties, third countries that are Contracting Parties to the Agreement on the European Economic Area, and the United Kingdom of Great Britain and Northern Ireland. The Member State concerned shall take the utmost account of the situation in those Member States and third countries and any concerns raised in that respect by those Member States, third countries or the Commission.
Third-party access services concerning hydrogen network operators
1. Hydrogen network operators shall offer their services on a non-discriminatory basis to all network users, subject to equivalent contractual terms and conditions for the same service. Hydrogen network operators shall publish contractual terms and tariffs charged for network access and, if applicable, balancing charges, on their website.
2. The maximum capacity of a hydrogen network shall be made available to market participants, taking into account system integrity and efficient and safe network operation.
3. The maximum duration for capacity contracts shall be 20 years for infrastructure completed before 1 January 2028 and 15 years for infrastructure completed on or after that date. Regulatory authorities shall have the right to impose shorter maximum durations if necessary to ensure hydrogen market functioning, to safeguard competition and to ensure future cross-border integration. When adopting a decision on the imposition of a shorter maximum duration, the regulatory authorities shall take into account, inter alia, commitment from network users to secure network financing, negative implications on planning and refinancing possibilities.
4. Hydrogen transmission network operators shall implement and publish non-discriminatory and transparent congestion-management procedures, which also facilitate cross-border exchanges in hydrogen on a non-discriminatory basis.
5. Hydrogen network operators shall regularly assess market demand for new investments, taking into account security of supply and the efficiency of the final hydrogen use.
6. From 1 January 2033, hydrogen networks shall be organised as entry-exit systems.
7. Member States may decide not to apply paragraph 6 of this Article to hydrogen networks that benefit from a derogation pursuant to Article 52 Directive (EU) 2024/1788 and are not connected to another hydrogen network.
8. From 1 January 2033, or where a Member State decides to apply regulated third-party access to hydrogen networks in accordance with Article 35 of Directive (EU) 2024/1788 before 1 January 2033, Article 17 of this Regulation shall apply to tariffs for access to hydrogen networks and the obligations on transmission system operators set out in Article 17(1), (2), (4) and (5) of this Regulation shall apply to hydrogen network operators. Articles 18 and 19 of this Regulation shall not apply to hydrogen networks. Those Articles shall apply only to natural gas networks.
Regulatory authorities shall consult regulatory authorities of directly connected Member States and relevant stakeholders before taking a decision on the methodology for setting hydrogen network access tariffs for the entry and exit points at cross-border interconnection points between those directly connected Member States, including for any virtual interconnection points. Regulatory authorities shall also submit the envisaged tariff methodology to ACER. By way of derogation from Article 17, the regulatory authorities may decide to charge no hydrogen network access tariffs or, when capacity is allocated via auctions, to set the reserve prices to zero.
When deciding on the methodology for setting hydrogen network access tariffs at an interconnection point between Member States, the regulatory authorities concerned shall apply the tariff principles referred to in Article 17(1), (2), (4) and (5) and shall take into account the outcome of the consultations referred to in the second subparagraph of this paragraph, in particular of the consultations of the regulatory authorities of directly connected Member States, and the impact of the chosen network access tariffs on cross-border trade and market functioning in the directly connected Member States.
The regulatory authorities of directly connected Member States may request ACER to provide a factual opinion on the methodology for setting the hydrogen network access tariffs or reserve prices for the entry and exit points at cross-border interconnection points between those Member States, in accordance with Article 6(5) of Regulation (EU) 2019/942. ACER shall inform the Commission accordingly, where relevant, in accordance with Article 6(6) of Regulation (EU) 2019/942. When providing a factual opinion, ACER shall carry out its assessment with due regard to the tariff principles referred to in Article 17(1) and (2) of this Regulation.
Further details required to implement this paragraph, in particular the procedure for cross-border consultation or requesting an opinion of ACER, shall be set in a network code established pursuant to Article 72(1).
9. From 1 January 2033, hydrogen transmission network operators shall comply with the requirements on transmission system operators pursuant to Articles 5, 10 and 13 when offering their services, and shall publish tariffs for each network point on an online platform operated by the European Network of Network Operators for Hydrogen (ENNOH). Until a network code on capacity allocation for hydrogen transmission networks has been adopted pursuant to Article 72(1), point (d) and has entered into force, such publication may occur via links to the publication of tariffs on websites of hydrogen transmission network operators.
Third-party access services concerning natural gas storage facilities, hydrogen terminals, LNG facilities and hydrogen storage facilities
1. LNG system operators, hydrogen terminal operators, hydrogen storage operators and natural gas storage system operators shall:
(a)
offer services on a non-discriminatory basis to all network users that accommodate market demand; in particular, where an LNG system operator, hydrogen terminal operator, hydrogen storage operator or natural gas storage system operator offers the same service to different customers, it shall do so under equivalent contractual terms and conditions;
(b)
offer services that are compatible with the use of the interconnected natural gas and hydrogen transport systems and facilitate access through cooperation with the transmission system operator or hydrogen network operator; and
(c)
make relevant information public, in particular data on the use and availability of services, in a time-frame compatible with reasonable commercial needs of users of LNG facilities, natural gas storage facilities, hydrogen terminals or hydrogen storage facilities, subject to the monitoring of such publication by the regulatory authority.
2. Each natural gas storage system operator and hydrogen storage operator shall:
(a)
provide both firm and interruptible third-party access services; the price of interruptible capacity shall reflect the probability of interruption;
(b)
offer to storage facility users both long and short-term services;
(c)
offer to storage facility users both bundled and unbundled services of storage capacity.
3. Each LNG system operator shall offer to LNG facility users both bundled and unbundled services within the LNG facility depending on the needs expressed by LNG facility users.
4. LNG and natural gas storage facility contracts and hydrogen storage facility and hydrogen terminal contracts shall not result in arbitrarily higher tariffs where they are signed:
(a)
outside a gas year with non-standard start dates; or
(b)
with a shorter duration than a standard contract on an annual basis.
5. Where appropriate, third-party access services may be granted subject to appropriate guarantees from network users with respect to the creditworthiness of such users. Such guarantees shall not constitute undue market-entry barriers and shall be non-discriminatory, transparent and proportionate.
6. Contractual limits on the required minimum size of LNG facility or hydrogen terminal capacity and natural gas or hydrogen storage capacity shall be justified on the basis of technical constraints and shall allow smaller storage users to obtain access to storage services.
7. Paragraphs 1 to 6 shall be without prejudice to the possibility for Member States to take proportionate measures to temporarily restrict LNG supplies from the Russian Federation and Belarus, for a fixed term, which may be renewed if justified, by limiting up-front bidding by any single network user or provision for LNG facility capacity to any single network user for deliveries from the Russian Federation or Belarus, where that is necessary to protect their essential security interests and those of the Union, provided that such measures:
(a)
do not unduly disrupt the proper functioning of the internal market for natural gas, and cross-border flows of natural gas between Member States, and do not undermine the security of supply of the Union or of a Member State;
(b)
respect the principle of energy solidarity;
(c)
are taken in accordance with the rights and obligations of the Union and of the Member States with respect to third countries.
Taking into account the need to ensure the security of supply of the Union, measures taken by Member States pursuant to the first subparagraph may aim to diversify LNG supplies with a view to phasing out dependence on Russian natural gas, where it can be demonstrated that such measures are necessary to protect their essential security interests and those of the Union.
Before deciding on a measure as referred to in the first subparagraph, the Member State concerned shall consult the Commission and, in so far as they are likely to be affected by the measure concerned, other Member States, the Energy Community Contracting Parties, third countries that are Contracting Parties to the Agreement on the European Economic Area, and the United Kingdom of Great Britain and Northern Ireland. The Member State concerned shall take the utmost account of the situation in those Member States and third countries, and any concerns raised in that respect by those Member States, third countries or the Commission.
Market-demand assessment for renewable gas and low-carbon gas by LNG system operators and natural gas storage system operators
LNG system operators and natural gas storage system operators shall, at least every two years, assess market demand for new investments allowing the use of renewable gas and low-carbon gas, including hydrogen compounds, such as liquid ammonia and liquid organic hydrogen carriers, in the facilities. Those operators shall inform relevant regulatory authorities on the outcome of the market demand assessment. When planning new investments, LNG system operators and natural gas storage system operators shall assess market demand in view of facilitating the usage of renewable gas and low-carbon gas in their facilities and take into account security of supply. LNG system operators and natural gas storage system operators shall make publicly available any plans regarding new investments allowing the usage of renewable gas and low-carbon gas in their facilities.
Principles of capacity-allocation mechanisms and congestion-management procedures concerning transmission system operators
1. The maximum capacity at all relevant points referred to in Article 33(3) shall be made available to market participants, taking into account system integrity and efficient network operation.
2. The transmission system operator shall implement and publish non-discriminatory and transparent capacity-allocation mechanisms, which shall:
(a)
provide appropriate economic signals for the efficient and maximum use of technical capacity, facilitate investments in new infrastructure and in alternative demand-side solutions not requiring new infrastructure investments and facilitate cross-border exchanges in natural gas;
(b)
be compatible with the market mechanisms including spot markets and trading hubs, while being flexible and capable of adapting to evolving market circumstances; and
(c)
be compatible with the network access systems of the Member States.
3. The transmission system operator shall implement and publish non-discriminatory and transparent congestion-management procedures which facilitate cross-border exchanges in natural gas on a non-discriminatory basis and which shall be based on the following principles:
(a)
in the event of contractual congestion, the transmission system operator shall offer unused capacity on the primary market at least on a day-ahead and interruptible basis; and
(b)
network users may re-sell or sublet their unused contracted capacity on the secondary market.
As regards the first subparagraph, point (a), a Member State may require notification or information of the transmission system operator by network users.
4. Transmission system operators shall regularly assess market demand for new investments taking into account the joint scenario as developed for the ten-year network development plan pursuant to Article 55 of Directive (EU) 2024/1788 as well as security of supply.
Principles of capacity-allocation mechanisms and congestion-management procedures concerning natural gas storage facilities, hydrogen terminals, hydrogen storage facilities and LNG facilities
1. The maximum capacity of a natural gas storage facility, LNG facility, hydrogen storage facility or hydrogen terminal shall be made available to market participants, taking into account system integrity and operation.
2. LNG system operators, hydrogen storage operators, hydrogen terminal operators and natural gas storage system operators shall implement and publish non-discriminatory and transparent capacity-allocation mechanisms which shall:
(a)
provide appropriate economic signals for the efficient and maximum use of capacity and facilitate investments in new infrastructure;
(b)
be compatible with the market mechanisms including spot markets and trading hubs, while being flexible and capable of adapting to evolving market circumstances; and
(c)
be compatible with the connected network access systems.
3. Contracts for LNG terminals, hydrogen terminals, hydrogen storage facilities and natural gas storage facilities shall include measures to prevent capacity-hoarding, by taking into account the following principles which are to apply in the case of contractual congestion:
(a)
the system operator shall offer unused capacity on the primary market without delay, and, for natural gas storage facilities, they shall offer such capacity at least on a day-ahead and interruptible basis;
(b)
users may resell their contracted capacity on the secondary market;
(c)
by 5 February 2026, LNG system operators, hydrogen terminal operators, hydrogen storage operators and natural gas storage system operators, individually or jointly with other such operators, shall ensure that a transparent and non-discriminatory booking platform for users of LNG facilities, hydrogen terminals, hydrogen storage facilities and natural gas storage facilities is available to allow such users to resell their contracted capacity on the secondary market pursuant to point (b).
Trading of capacity rights
Each transmission system operator, natural gas storage system operator, LNG system operator, hydrogen transmission network operator, hydrogen terminal operator and hydrogen storage operator shall take reasonable steps to allow capacity rights to be freely tradable and to facilitate such trade in a transparent and non-discriminatory manner. Every such operator shall develop harmonised contracts and procedures for transport, LNG facilities, hydrogen terminals, natural gas storage facilities and hydrogen storage facilities on the primary market to facilitate secondary trade of capacity and shall recognise the transfer of primary capacity rights where notified by system users.
The harmonised contracts and procedures shall be notified to the regulatory authorities.
Balancing rules and imbalance charges
1. Balancing rules shall be designed in a fair, non-discriminatory and transparent manner and shall be based on objective criteria. Balancing rules shall reflect genuine system needs taking into account the resources available to the transmission system operator. Balancing rules shall be market-based.
2. In order to enable network users to take timely corrective action, the transmission system operator shall provide sufficient, timely and reliable on-line based information on the balancing status of network users.
The information provided shall reflect the level of information available to the transmission system operator and the settlement period for which imbalance charges are calculated.
No charge shall be levied for the provision of information pursuant to this paragraph.
3. Imbalance charges shall be cost-reflective to the extent possible, whilst providing appropriate incentives on network users to balance their input and off-take of natural gas. They shall avoid cross-subsidisation between network users and shall not hamper the entry of new entrants on the market.
Any calculation methodology for imbalance charges as well as the final values shall be made public by the regulatory authorities or the transmission system operator, as appropriate.
4. Member States shall ensure that transmission system operators endeavour to harmonise balancing regimes and streamline structures and levels of balancing charges in order to facilitate natural gas trade carried out at the virtual trading point.
Certification of transmission system operators and hydrogen transmission network operators
1. The Commission shall examine any notification of a decision on the certification of a transmission system operator or a hydrogen transmission network operator as laid down in Article 71(6) of Directive (EU) 2024/1788 as soon as it is received. Within 50 working days of the date of receipt of such a notification, the Commission shall issue its opinion to the relevant regulatory authority with regard to its compatibility with Article 71(2) or Article 72 as well as with Article 60 of Directive (EU) 2024/1788 for transmission system operators or Article 68 of that Directive for hydrogen transmission network operators, as applicable.
When preparing its opinion referred to in the first subparagraph, the Commission may request ACER to provide its opinion on the regulatory authority’s decision. In such a case, the 50-working day period referred to in the first subparagraph shall be extended by a further 50 working days.
In the absence of a Commission opinion within the periods referred to in the first and second subparagraphs, the Commission shall be considered not to have any objections against the regulatory authority’s decision.
2. Within a period of 50 working days of receipt of a Commission opinion pursuant to paragraph 1, the regulatory authority shall adopt its final decision regarding the certification of the transmission system operator or hydrogen transmission network operator, taking the utmost account of that opinion. The regulatory authority’s decision and the Commission’s opinion shall be published together.
3. At any time during the procedure regulatory authorities or the Commission may request from a transmission system operator, a hydrogen transmission network operator or an undertaking performing any of the functions of production or supply any information relevant to the fulfilment of their tasks under this Article.
4. Regulatory authorities and the Commission shall preserve the confidentiality of commercially sensitive information.
5. The Commission is empowered to adopt delegated acts in accordance with Article 80 to supplement this Regulation by providing guidelines setting out the details of the procedure to be followed for the application of paragraphs 1 and 2 of this Article.
6. Where the Commission has received notification of the certification of a transmission system operator under Article 60(9) of Directive (EU) 2024/1788, the Commission shall take a decision relating to certification. The regulatory authority shall comply with the Commission decision.
Certification of natural gas storage system operators
1. Member States shall ensure that each natural gas storage system operator, including any natural gas storage system operator controlled by a transmission system operator, is certified in accordance with the procedure laid down in this Article, either by the regulatory authority or by a competent authority designated by the Member State concerned pursuant to Article 3(2) of Regulation (EU) 2017/1938 (in either case referred to as the ‘certifying authority’).
This Article also applies to natural gas storage system operators controlled by transmission system operators which are certified pursuant to Directive 2009/73/EC or (EU) 2024/1788.
2. By 1 February 2023 or within 150 working days of the date of receipt of a notification pursuant to paragraph 9, the certifying authority shall issue a draft certification decision in respect of natural gas storage system operators that operate underground natural gas storage facilities with a capacity of over 3,5 TWh where, regardless of the number of natural gas storage system operators, total natural gas storage facilities were filled on 31 March 2021 and on 31 March 2022 at a level which, on average, was less than 30 % of their maximum capacity.
With respect to natural gas storage system operators as referred to in the first subparagraph, the certifying authority shall make its best efforts to issue a draft certification decision by 1 November 2022.
With respect to natural gas storage system operators other than those referred to in the first subparagraph, the certifying authority shall issue a draft certification decision by 2 January 2024 or within 18 months of the date of receipt of a notification pursuant to paragraph 8 or 9.
3. When considering the risk to the security of energy supply in the Union, the certifying authority shall take into account any security of natural gas supply risk at Union, national or regional level as well as any mitigation of such risk, resulting, inter alia, from:
(a)
ownership, supply or other commercial relationships that could negatively affect the incentives and the ability of the natural gas storage system operator to fill the underground natural gas storage facility;
(b)
the rights and obligations of the Union with respect to a third country arising under international law, including any agreement concluded with one or more third countries to which the Union is a party and which addresses the issue of the security of energy supply;
(c)
the rights and obligations of the Member States concerned with respect to a third country arising under agreements concluded by the Member States concerned with one or more third countries, in so far as those agreements comply with Union law; or
(d)
any other specific facts and circumstances of the case.
4. If the certifying authority concludes that a person who directly or indirectly controls, or exercises any right over, the natural gas storage system operator could endanger the security of energy supply or the essential security interests of the Union or of any Member State, the certifying authority shall refuse the certification. Alternatively, the certifying authority may issue a certification decision subject to conditions to ensure the sufficient mitigation of the risks which could negatively influence the filling of the underground natural gas storage facilities, provided that the practicability of the conditions can be fully ensured by effective implementation and monitoring. Such conditions may include, in particular, a requirement that the natural gas storage system owner or natural gas storage system operator transfer management of the natural gas storage system.
5. Where the certifying authority concludes that the natural gas supply risks cannot be mitigated by conditions pursuant to paragraph 4, including by requiring the natural gas storage system owner or natural gas storage system operator to transfer management of the natural gas storage system, and therefore refuses the certification, it shall:
(a)
require the natural gas storage system owner or natural gas storage system operator or any person that it considers could endanger the security of energy supply or the essential security interests of the Union or of any Member State to dispose of the shareholding or rights they have over the natural gas storage system ownership or natural gas storage system operator ownership, and set a time limit for such disposal;
(b)
order, where appropriate, interim measures, to ensure that such a person is not able to exercise any control or right over that natural gas storage system owner or natural gas storage system operator until the disposal of the shareholding or rights; and
(c)
provide for appropriate compensatory measures in accordance with national law.
6. The certifying authority shall notify the Commission of its draft certification decision without delay, together with all relevant information.
The Commission shall issue an opinion on the draft certification decision to the certifying authority within 25 working days of such notification. The certifying authority shall take the utmost account of the Commission’s opinion.
7. The certifying authority shall issue the certification decision within 25 working days of receipt of the Commission’s opinion.
8. Before a newly built underground natural gas storage facility is put into operation, the natural gas storage system operator shall be certified in accordance with paragraphs 1 to 7. The natural gas storage system operator shall notify the certifying authority of its intention to put the natural gas storage facility into operation.
9. Natural gas storage system operators shall notify the relevant certifying authority of any planned transaction which would require a reassessment of their compliance with the certification requirements set out in paragraphs 1 to 4.
10. Certifying authorities shall continuously monitor natural gas storage system operators as regards compliance with the certification requirements set out in paragraphs 1 to 4. They shall reopen a certification procedure to reassess compliance in any of the following circumstances:
(a)
upon receipt of a notification by the natural gas storage system operator pursuant to paragraph 8 or 9;
(b)
on their own initiative where they have knowledge that a planned change to rights or to influence over a natural gas storage system operator could lead to non-compliance with the requirements of paragraphs 1, 2 and 3;
(c)
upon the reasoned request of the Commission.
11. Member States shall take all necessary measures to ensure the continuous operation of the underground natural gas storage facilities on their respective territories. Those underground natural gas storage facilities may cease operations only where technical and safety requirements are not met or where the certifying authority concludes, after conducting an assessment and having taken into account the opinion of the European Network of Transmission System Operators for Gas (the ‘ENTSO for Gas’), that such a cessation would not weaken the security of natural gas supply at Union or national level.
Appropriate compensatory measures shall be taken, where appropriate, if cessation of operations is not allowed.
12. The Commission may issue guidance relating to the application of this Article.
13. This Article shall not apply to parts of LNG facilities that are used for storage.
Cooperation of transmission system operators
1. Transmission system operators shall cooperate with other transmission system and infrastructure operators in coordinating the maintenance of their respective networks in order to minimise any disruption of transmission services to network users and transmission system operators in other areas.
2. Transmission system operators shall cooperate with each other as well as with other infrastructure operators in order to maximise technical capacity within the entry-exit system and minimise energy consumption to operate the natural gas system to the extent possible.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
