Regulation (EU) 2026/261 of the European Parliament and of the Council of 26 January 2026 on phasing out Russian natural gas imports and preparing the phase-out of Russian oil imports, improving monitoring of potential energy dependencies and amending Regulation (EU) 2017/1938

• CELEX: Regulation (EU) 2026/261
• Articles: 16

Article 1 Subject matter

This Regulation provides a framework for eliminating the Union’s remaining exposure to the significant risks for trade and security of supply resulting from trade in natural gas with the Russian Federation and for preparing the effective and timely phase-out of oil imports from the Russian Federation by laying down:

(a)

a stepwise prohibition on imports of natural gas from the Russian Federation;

(b)

rules to implement and monitor that prohibition as well as the phase-out of oil imports from the Russian Federation; and

(c)

provisions to better assess the security of energy supplies in the Union.

Article 2 Definitions

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

(1)

‘natural gas’ means gas as referred to in Combined Nomenclature (CN) codes 2711 11 00 and 2711 21 00;

(2)

‘LNG’ means liquefied natural gas as referred to in CN code 2711 11 00;

(3)

‘natural gas in gaseous state’ means natural gas as referred to in CN code 2711 21 00;

(4)

‘mixtures’ means mixtures of LNG volumes from different countries of origin;

(5)

‘long-term supply contract’ means a contract for the supply of natural gas, excluding natural gas derivatives, the term of which exceeds one year;

(6)

‘short-term supply contract’ means a contract for the supply of natural gas, excluding natural gas derivatives, the term of which does not exceed one year;

(7)

‘landlocked country’ means a country that is entirely surrounded by land and has no direct access to the sea;

(8)

‘import’ means the placing of goods under release for free circulation, within the meaning of Article 201 of Regulation (EU) No 952/2013 of the European Parliament and of the Council  ( 9 ) (the ‘Union Customs Code’);

(9)

‘importer’ means the natural or legal person that is the declarant as defined in Article 5, point (15), of the Union Customs Code in the relevant customs declaration, or a natural or legal person, including affiliated undertakings, that brings goods into the customs territory of the Union or otherwise places goods on the Union market;

(10)

‘affiliated undertakings’ mean affiliated undertakings as defined in Article 2, point (12), of Directive 2013/34/EU of the European Parliament and of the Council  ( 10 ) ;

(11)

‘customs authority’ means customs authorities as defined in Article 5, point (1), of the Union Customs Code;

(12)

‘authorising authority’ means the authority which is competent to examine the authorisation requests made pursuant to Article 5;

(13)

‘competent authority’ means a competent authority as defined in Article 2, point (7), of Regulation (EU) 2017/1938;

(14)

‘regulatory authority’ means a regulatory authority designated pursuant to Article 76(1) of Directive (EU) 2024/1788 of the European Parliament and of the Council  ( 11 ) ;

(15)

‘control’ means control as defined in Article 2, point (55), of Directive (EU) 2024/1788;

(16)

‘interconnection point’ means an interconnection point as defined in Article 2, point (63), of Directive (EU) 2024/1788;

(17)

‘interconnector’ means an interconnector as defined in Article 2, point (39), of Directive (EU) 2024/1788;

(18)

‘entry point’ means an entry point as defined in Article 2, point (61), of Directive (EU) 2024/1788;

(19)

‘exit point’ means an exit point as defined in Article 2, point (62), of Directive (EU) 2024/1788;

(20)

‘delivery point’ means the physical or virtual location specified in a gas supply contract at which natural gas is to be delivered by a seller and received by a buyer;

(21)

‘contracted quantities’ means the quantities of natural gas that a buyer is obligated to purchase and a seller is obligated to provide, as specified in the original supply contract, but excluding quantities arising from contractual provisions providing for quantity changes to baseline quantities, such as round-up quantities, fractional quantities, upward quantities or other volumetric modifications under the terms of the contract except for paid make-up quantities paid before 17 June 2025;

(22)

‘round-up quantities’ means quantities of natural gas added to the annual contracted quantity in a given year in order to provide for the last cargo to be rounded-up to a whole cargo;

(23)

‘fractional quantities’ means quantities of natural gas carried forward to subsequent contract years where the quantity delivered during a year is either more or less than the adjusted annual contracted quantity after adjustments; such quantities can be either positive or negative;

(24)

‘upward quantities’ means quantities of natural gas to be added optionally to the annual contracted quantity based on supply contracts, at the discretion of a party to a supply contract;

(25)

‘paid make-up quantities’ means the quantities of natural gas which a buyer is entitled or obligated to take delivery of and pay for in subsequent periods, in compliance with minimum take-or-pay requirements and in order to compensate for any shortfall in the quantities contracted but not taken in prior periods, as provided for in a long-term supply contract;

(26)

‘delivery schedule’ means the timetable or plan agreed between the parties to a gas supply contract, specifying the quantities of natural gas to be delivered by a seller and received by a buyer over defined time intervals, including the timing, location and conditions of delivery, as set out in a supply contract or any related operational procedures;

(27)

‘nomination’ means a nomination as defined in Article 2, point (8), of Regulation (EU) 2024/1789 of the European Parliament and of the Council  ( 12 ) ;

(28)

‘oil’ means crude oil, natural gas condensates, refinery feedstocks, additives and oxygenates, and other hydrocarbons and oil products falling under CN codes 2709 and 2710;

(29)

‘country of production’ means the country where the natural gas is extracted, regardless of whether that natural gas has been subsequently liquified or regasified in another country; where natural gas extracted in countries other than the Russian Federation is liquified or regasified in the Russian Federation, the Russian Federation shall be considered to be the country of production.

Article 3 Prohibition on the import of natural gas from the Russian Federation

1.   The import of natural gas in gaseous state via pipelines (‘pipeline gas’) that originates in or is exported, directly or indirectly, from the Russian Federation shall be prohibited, unless one of the temporary exemptions provided for in Article 4 applies.

2.   The import of LNG that originates in or is exported, directly or indirectly, from the Russian Federation, or that is obtained from natural gas in gaseous state extracted in the Russian Federation, shall be prohibited, unless one of the temporary exemptions provided for in Article 4 applies. This prohibition shall also apply to LNG that originates in or is exported, directly or indirectly, from the Russian Federation or that is obtained from natural gas in gaseous state extracted in the Russian Federation contained in mixtures.

Article 4 Temporary exemption for existing supply contracts

1.   The prohibition pursuant to Article 3(1) shall apply as of 17 June 2026 and the prohibition pursuant to Article 3(2) shall apply as of 25 April 2026, where it can be demonstrated to the authorising authorities that the relevant imports are carried out under a short-term supply contract concluded before 17 June 2025, and not amended thereafter, unless the amendment is covered by paragraph 5 of this Article.

2.   The prohibition pursuant to Article 3(1) of this Regulation shall apply as of 30 September 2027, where it can be demonstrated to the authorising authorities that the relevant imports are carried out under a long-term supply contract concluded before 17 June 2025, and not amended thereafter, unless the amendment is covered by paragraph 5 of this Article.

Where the Commission identifies a risk that a Member State might not meet the filling target for 2027 for underground storage pursuant to Article 6a of Regulation (EU) 2017/1938, taking into account the circumstances of the risk of missing the target, it shall confirm that risk by way of an implementing decision no later than 15 September 2027.

Where the Commission adopts an implementing decision pursuant to the second subparagraph of this paragraph, the prohibition pursuant to Article 3(1) of this Regulation shall apply only as of 1 November 2027 in that Member State, where it can be demonstrated to the authorising authorities that the relevant imports are carried out under a long-term supply contract as referred to in the first subparagraph of this paragraph. The Commission shall inform the European Parliament, the Council and the Gas Coordination Group established by Article 4 of Regulation (EU) 2017/1938 of its implementing decision without delay.

3.   The prohibition pursuant to Article 3(2) shall apply as of 1 January 2027, where it can be demonstrated to the authorising authorities that the relevant imports are carried out under a long-term supply contract concluded before 17 June 2025, and not amended thereafter, unless the amendment is covered by paragraph 5 of this Article.

4.   The prohibition pursuant to Article 3 shall apply as of 30 September 2027 or, where the Commission has adopted an implementing decision in accordance with paragraph 2 of this Article, as of 1 November 2027, where it can be demonstrated to the authorising authorities:

(a)

that the relevant imports are carried out under a short-term supply contract with delivery to a landlocked country which is necessary to fulfil the long-term supply contract under point (b); and

(b)

that a long-term supply contract with delivery to a landlocked country for the import of pipeline gas exists:

(i)

which was concluded before 17 June 2025 and not amended thereafter, unless the amendment is covered by paragraph 5 of this Article;

(ii)

which concerns gas supplies that originate in or are exported, directly or indirectly, from the Russian Federation; and

(iii)

for which the delivery at the original delivery point at a border between the Union and a third country can no longer be carried out.

5.   The temporary exemptions provided for in paragraphs 1, 2, 3 and 4 shall also apply with regard to existing supply contracts that are amended as follows:

(a)

lowering contracted quantities;

(b)

lowering prices and fees;

(c)

amending confidentiality clauses;

(d)

amending operational procedures, such as communication procedures;

(e)

changes of addresses of contract parties;

(f)

transfers of contractual obligations between affiliated undertakings;

(g)

changes required by judicial or arbitration procedures; or

(h)

for landlocked countries, changes of national delivery points.

6.   The quantities of imports made in accordance with paragraphs 1, 2, 3 and 4 shall not exceed the contracted quantities.

Article 5 Prior authorisation of imports and submission of relevant information

1.   Where a temporary exemption pursuant to Article 4 is requested, imports shall be subject to prior authorisation. Authorising authorities shall be provided with all information necessary to assess whether the conditions set out in Article 4 are fulfilled.

2.   The information referred to in paragraph 1 shall include at least the following:

(a)

the date of the conclusion of the gas supply contract;

(b)

the duration of the gas supply contract;

(c)

the contracted quantities, including all upward or downward flexibility rights;

(d)

the identity of the parties to the gas supply contract, including, for parties registered in the Union, the Economic Operator Registration and Identification (EORI) number;

(e)

for LNG imports, the place of liquefaction and the port of first loading;

(f)

in the case of mixtures, documentation proving the quantities of natural gas that originates in or is exported, directly or indirectly, from the Russian Federation and the quantities of natural gas from other countries of origin contained in the mixture and information establishing the mixing process;

(g)

the delivery points, including possible flexibilities concerning delivery points; and

(h)

any amendment of the gas supply contract, indicating the content and the date of the amendment, with the exception of amendments which relate solely to the gas price.

Where a temporary exemption under Article 4 is requested and the price of the natural gas was amended on 17 June 2025 or later, the information referred to in paragraph 1 of this Article shall include information on the price amendment.

The information referred to in paragraph 1 shall be submitted to the authorising authority no later than one month before the entry of the natural gas into the customs territory of the Union. The same deadline shall apply to mixtures containing natural gas that originates in or is exported, directly or indirectly, from the Russian Federation.

3.   Imports of natural gas, the country of production of which is not the Russian Federation, shall be subject to prior authorisation, except where those imports fall under paragraph 4. The authorising authorities in the Member State where the natural gas is to be released for free circulation shall be provided with all information necessary to establish the country of production of that natural gas, no later than 5 working days before its entry into the customs territory of the Union.

4.   An exemption from the prior authorisation set out in paragraph 3 shall apply where natural gas is imported from a country which produces natural gas and has exported more than 5 bcm of natural gas to the Union in 2024, and:

(a)

has prohibited the import of natural gas that originates in or is exported, directly or indirectly, from the Russian Federation or is applying other restrictive measures concerning such gas; or

(b)

has no gas infrastructure in place which allows it to import LNG or pipeline gas.

No later than 5 working days after the date of entry into force of this Regulation, the Commission shall, by means of an implementing decision, draw up the list of countries that fulfil the conditions set out in the first subparagraph.

The Commission shall monitor whether the conditions set out in the first subparagraph of this paragraph continue to be fulfilled, and shall update the list accordingly and without undue delay on the basis of the information provided by authorising authorities or, where applicable, customs authorities and by Union bodies pursuant to Article 7(2).

The Commission may, by means of an implementing decision, revoke the exemption from prior authorisation set out in the first subparagraph of this paragraph, where authorising authorities or, where applicable, customs authorities identify one or more cases of circumvention of the prohibitions set out in Article 3 by exporters from a country as referred to in the first subparagraph of this paragraph or where the Commission has reasons to assume that authorities from exporting countries do not appropriately intervene against practices of circumvention.

5.   Authorising authorities, customs authorities and other authorities involved in the monitoring referred to in Article 6 and 7 may, where they deem the information provided under the prior authorisation procedure to be insufficient to assess whether the authorisation is to be granted, request more detailed information. They may also rely on information from other sources. Authorising authorities may, in particular, require the submission of the text of certain provisions of the gas supply contract in full or the entire text of the gas supply contract, except for price information, in particular where certain contractual provisions are interrelated, or where the full knowledge of the formulation of the contractual provisions is crucial for the assessment.

Where the information provided is not conclusive, the customs authorities shall refuse the release for free circulation of the relevant goods.

The Commission shall, in close cooperation with authorising authorities and, where applicable, customs authorities, publish guidance on further details concerning the prior authorisation procedure and adequate types of documents and evidence to be submitted.

6.   Authorising authorities and customs authorities shall verify the evidence submitted to establish the country of production, and, where appropriate, request further information, which may include but is not limited to upstream delivery documentation, such as publicly available satellite tracking of LNG cargoes or tracking information from the European Maritime Safety Agency.

7.   Natural gas to be imported into the Union via borders or interconnectors or interconnection points between the Union and the Russian Federation or Belarus, or via pipelines which connect the Russian Federation with the Union and are running through third countries without having entry points between the Russian Federation and the Union, shall be presumed to be exported, directly or indirectly, from the Russian Federation.

8.   Natural gas to be imported into the Union via the interconnection point Strandzha 1 shall be presumed to be exported, directly or indirectly, from the Russian Federation, unless unambiguous evidence establishing that the country of production of the natural gas is not the Russian Federation is provided to the authorising authorities no later than 7 working days before the entry of that gas into the customs territory of the Union.

9.   Where changes relating to gas infrastructure or trading patterns lead to a situation where interconnection points other than Strandzha 1 link the Union to pipeline systems transporting significant volumes of natural gas that originates in or is exported, directly or indirectly, from the Russian Federation, paragraph 8 shall apply mutatis mutandis to natural gas to be imported via those interconnection points. The Commission shall identify the relevant interconnection points by means of a Commission implementing decision.

10.   Where natural gas is transported through the Union from third country to third country under a transit procedure in accordance with the Union Customs Code, including for the purpose of storage under customs warehousing rules, authorising authorities and, where applicable, customs authorities shall be informed no later than 5 working days before the planned transit about:

(a)

the country of production of the natural gas to be transported under a transit procedure, unless such information is not available;

(b)

the planned or actual nomination schedules specifying volume, timing, and entry and exit points of the gas in transit, with daily granularity where applicable;

(c)

volumes and delivery points in the gas supply contracts; and

(d)

the contract between the seller or buyer or any intermediary entity and the relevant Transmission System Operators in the Union, where applicable.

Authorising authorities shall verify the consistency of the data and, where applicable, share the information received with customs authorities without delay.

11.   Where operators store natural gas that originates in or is exported, directly or indirectly, from the Russian Federation in temporary storage or under a transit or customs warehousing procedure under the Union Customs Code on Union territory, Member States shall have appropriate monitoring and enforcement mechanisms in place to ensure that the use of Union storage by third countries does not pose any risk to national or regional security of supply or to the fulfilment of the storage obligations provided for in Articles 6a to 6d of Regulation (EU) 2017/1938, and provide relevant information to the Commission.

Article 6 Effective monitoring and reporting

1.   Customs authorities, and, where relevant, competent authorities and regulatory authorities, the European Anti-Fraud Office (OLAF), the European Public Prosecutor’s Office (EPPO) and the European Union Agency for the Cooperation of Energy Regulators (ACER) shall ensure the effective monitoring of the provisions in Chapter II, and where necessary, make full use of their enforcement powers, and cooperate closely with other relevant national authorities, authorities from other Member States, Union authorities and the Commission

2.   When exercising their powers, authorising authorities and customs authorities shall focus the enforcement on interconnection points, LNG facilities or transit pipelines where the risk of circumvention is high, for instance where imports arrive from third countries that also trade natural gas that originates in or is exported, directly or indirectly, from the Russian Federation or that export natural gas from production facilities which are partly owned by companies from the Russian Federation. Using the mechanism for cooperation between authorities pursuant to Article 7, authorities shall adapt their enforcement priorities where that is necessary to address potential circumvention practices identified during the implementation of this Regulation. The Commission, in cooperation with Member States, shall monitor the total volumes of natural gas imported via third countries in order to assess potential risks of circumvention of Articles 3 and 4.

Article 7 Cooperation and exchange of information

1.   The authorising authority is the customs authority, unless a Member State designates another authority for that purpose. Where a Member State designates an authority other than the customs authority as the authorising authority, that Member State shall inform the Commission thereof.

2.   Authorising authorities shall cooperate and exchange the information received on imports of natural gas with regulatory authorities, competent authorities and, where applicable, customs authorities, as well as with OLAF, EPPO, ACER and the Commission, in line with their respective tasks, responsibilities and competences and to the extent possible, in order to ensure the effective assessment of whether Articles 3 and 4 are complied with. In particular, they shall share information concerning potential circumvention practices identified during the implementation of this Regulation.

3.   Authorising authorities and, where applicable, customs authorities shall provide relevant information to the Commission allowing it to monitor if the specific conditions described in Article 4(1), (2), (3), (4) and (5) continue to be fulfilled. When doing so, the Commission shall in particular monitor whether those provisions are used for circumvention.

4.   In addition to the information provided in accordance with paragraph 3, authorising authorities and, where applicable, customs authorities shall inform regulatory authorities, competent authorities, ACER and the Commission, on a monthly basis, on the key elements concerning the developments on imports of natural gas that originates in or is exported, directly or indirectly, from the Russian Federation, such as quantities imported under long-term or short-term supply contracts, entry points or contract partners. That information shall also cover key developments concerning natural gas that originates in or is exported, directly or indirectly, from the Russian Federation and which enters the Union under a transit procedure as referred to in Article 5(10).

5.   Authorising authorities and, where applicable, customs authorities from different Member States shall exchange, to the extent necessary, information received on natural gas imports and cooperate with one another in order to ensure efficient enforcement of this Regulation and avoid circumvention. They shall make use of existing tools and databases allowing for the effective exchange of relevant information between national authorities in their Member State and authorities in other Member States, or put such tools in place where necessary.

6.   By 1 July 2026 and 1 July 2027, ACER shall, based on the data received under this Regulation and on information in its possession, publish a report providing an overview of contracts for the supply of natural gas that originates in or is exported, directly or indirectly, from the Russian Federation, and assessing the impact of diversification on energy markets. Where relevant, the report shall also cover data on natural gas that originates in or is exported, directly or indirectly, from the Russian Federation entering the Union under a transit procedure as referred to in Article 5(10).

7.   The Commission and ACER shall, where appropriate, share relevant information in their possession on contracts for the import of natural gas that originates in or is exported, directly or indirectly, from the Russian Federation with authorising authorities and, where applicable, customs authorities in order to facilitate the enforcement of this Regulation.

8.   Where relevant for the fulfilment of the obligations on the exchange of information in accordance with this Article, Council Regulation (EC) No 515/97  ( 13 ) shall apply mutatis mutandis .

Article 8 Penalties

1.   Member States shall provide for effective, proportionate and dissuasive penalties for failure to comply with Articles 3, 4 or 5.

2.   The maximum penalty for legal persons shall be at least:

(a)

3,5 % of the undertaking’s total worldwide annual turnover for the preceding financial year,

(b)

EUR 40 million, or

(c)

300 % of the estimated transaction turnover, which shall be calculated on the basis of the volume of the natural gas involved and the ‘day-ahead’ contract prices on the TTF market.

The maximum penalty for natural persons shall be at least EUR 2,5 million.

3.   Where the legal system of a Member State does not provide competent authorities with the competence to independently impose administrative fines, this Article may be applied in such a manner that the fining procedure is initiated by the competent authority and the fine is imposed by the competent national court, while ensuring that those legal remedies are effective and have an effect equivalent to the administrative fines imposed by supervisory authorities. In any event, the fines imposed shall be effective, proportionate and dissuasive.

4.   Member States shall, by 4 February 2028, notify the Commission of the national provisions in force ensuring the implementation of this Article, and shall notify it, without delay, of any subsequent amendment affecting them.

Article 9 National diversification plans for natural gas

1.   Each Member State shall establish a plan describing measures for, milestones in and potential barriers to diversifying their gas supplies (a ‘national diversification plan for natural gas’), in order to discontinue all imports of natural gas that originates in or is exported, directly or indirectly, from the Russian Federation, within the deadlines pursuant to Articles 3 and 4.

2.   National diversification plans for natural gas shall include all of the following elements:

(a)

available information on the volume of imports of natural gas that originates in or is exported, directly or indirectly, from the Russian Federation under existing supply contracts;

(b)

a clear description of supporting measures in place and supporting measures planned at national level to replace natural gas that originates in or is exported, directly or indirectly, from the Russian Federation, including the quantities expected to be phased out, milestones and a timeline for implementation and, where available, envisaged options for alternative supplies and supply routes. Such measures may include the use of the Aggregate EU Platform established pursuant to Article 42 of Regulation (EU) 2024/1789, support measures for diversification efforts of energy companies, cooperation in regional groups such as the Central and South-Eastern Europe Energy Connectivity High-Level Group, the identification of alternatives to natural gas imports via electrification, energy sufficiency, energy efficiency measures, boosting the production of biogas, biomethane and clean hydrogen, renewable energy deployment, voluntary demand reduction measures or possibilities of other Member States to facilitate diversification of supply;

(c)

the identification of any potential technical, contractual or regulatory barriers to replacing natural gas that originates in or is exported, directly or indirectly, from the Russian Federation, and options to overcome those barriers.

3.   By 1 March 2026, Member States shall submit to the Commission their national diversification plans for natural gas, using the template set out in Annex I.

4.   The Commission shall, where appropriate, facilitate the preparation and implementation of the national diversification plans for natural gas, including by providing best practices and technical assistance. During the transition period for existing supply contracts under Article 4 of this Regulation, the Commission shall coordinate with Member States in their diversification efforts to identify alternative supply sources. New supplies could also compensate for lost revenues by using existing infrastructure previously utilised for natural gas that originates in or is exported, directly or indirectly, from the Russian Federation in transit. Member States shall report regularly to the Gas Coordination Group on the progress achieved on the preparation, adoption and implementation of their national diversification plans for natural gas. On the basis of the national diversification plans for natural gas, the Commission shall assess the implementation of the phase-out of natural gas that originates in or is exported, directly or indirectly, from the Russian Federation and report its assessment to the Gas Coordination Group, as set out in Article 17 of Regulation (EU) 2017/1938.

Article 10 National diversification plans for oil (crude oil and petroleum products)

1.   A Member State that receives imports of oil that originates in or is exported, directly or indirectly, from the Russian Federation, shall establish a plan describing measures for, milestones in and potential barriers to diversifying their oil supplies, (a ‘national diversification plan for oil’), in order to discontinue, all imports of oil that originates in or is exported, directly or indirectly, from the Russian Federation by the end of 2027.

2.   National diversification plans for oil shall include all of the following elements:

(a)

available information on the volume of imports of oil that originates in or is exported, directly or indirectly, from the Russian Federation under existing supply contracts;

(b)

measures planned at national level to replace oil that originates in or is exported, directly or indirectly, from the Russian Federation, including the quantities expected to be phased out, milestones and a timeline for implementation, and options for alternative supplies, supply routes and energy sources, as well as possibilities of other Member States to facilitate diversification of supply;

(c)

measures in place and planned at national level to ensure transparency and traceability of oil that originates in or is exported, directly or indirectly from the Russian Federation, to the extent possible, including measures on the verification of possible relabelled imports;

(d)

possible prohibitions at national level on imports of oil that originates in or is exported, directly or indirectly, from the Russian Federation.

(e)

potential technical, contractual or regulatory barriers to replacing oil that originates in or is exported, directly or indirectly, from the Russian Federation, and options to overcome those barriers.

3.   By 1 March 2026, Member States shall submit to the Commission their national diversification plans for oil, using the template set out in Annex II. The Commission shall publish a non-confidential version of the plans received from Member States no later than one month after the submission of the plans.

4.   The Commission shall, where appropriate, facilitate the preparation and implementation of the national diversification plans for oil, including by providing best practices and technical assistance. The Commission shall assist in the cooperation between Member States when they implement their national diversification plans for oil. The Commission shall assess the impact of a possible accelerated termination of oil imports on the Member States most affected by a full phase-out of Russian oil supplies. It shall work actively with the directly affected and other relevant Member States on solutions to minimise possible risks identified in the assessment. Member States shall report regularly to the Oil Coordination Group established by Article 17 of Council Directive 2009/119/EC  ( 14 ) on the progress achieved on the preparation, adoption and implementation of their national diversification plans for oil.

5.   Where a national diversification plan for oil identifies a risk that the phase-out of oil that originates in or is exported, directly or indirectly, from the Russian Federation, by the end of 2027 might not be achieved, the Commission shall, after assessing the relevant national diversification plan and within 3 months of its submission, issue a recommendation to the Member State concerned on how to achieve the phase-out in a timely manner and publish that recommendation. Following that recommendation, the Member State concerned shall update its national diversification plan for oil within three months, taking into consideration the Commission’s recommendation.

Article 11 Amendments to Regulation (EU) 2017/1938

Regulation (EU) 2017/1938 is amended as follows:

(1)

in Article 2, the following points are added:

‘(33)

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

(34)

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

;

(2)

Article 14(6) is amended as follows:

(a)

in the first subparagraph, the following point is added:

‘(c)

to the Commission and to the competent authorities concerned the following information relating to gas supply contracts for gas that originates in or is exported, directly or indirectly, from the Russian Federation:

(i)

the information referred to in Article 5(1) of Regulation (EU) 2026/261 of the European Parliament and of the Council  ( *1 ) ;

(ii)

information on the quantities to be supplied and taken, including possible flexibilities under take-or-pay provisions or deliver-or-pay provisions;

(iii)

delivery schedules (LNG) or nominations (pipeline gas);

(iv)

possible contractual flexibilities concerning the annual contracted quantities, including make-up quantities;

(v)

conditions for the suspension or termination of gas deliveries, including force majeure provisions;

(vi)

information on which law governs the contract and which arbitration mechanism is chosen;

(vii)

key elements of other commercial agreements that are relevant for the execution of the gas supply contract, excluding price information.

( *1 )   Regulation (EU) 2026/261 of the European Parliament and of the Council of 26 January 2026 on phasing out Russian natural gas imports and preparing the phase-out of Russian oil imports, improving monitoring of potential energy dependencies and amending Regulation (EU) 2017/1938 ( OJ L, 2026/261, 2.2.2026, ELI: http://data.europa.eu/eli/reg/2026/261/oj ).’;"

(b)

the following subparagraphs are added:

‘The information referred to in point (c) of the first subparagraph shall be provided no later than 4 March 2026 and for each contract in a disaggregated format, including the relevant text parts in full, excluding price information, in particular where the full knowledge of the formulation of the contractual provisions is crucial for the assessment of the security of gas supply or where certain contractual provisions are interrelated.

Providers of LNG terminal services shall provide the Commission with information concerning services booked by customers from the Russian Federation or by customers controlled by undertakings from the Russian Federation, including contracted services, affected quantities and contract duration.’

;

(3)

in Article 17, the second paragraph is replaced by the following:

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

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

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

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

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

Article 12 Professional secrecy

1.   Any confidential information received, exchanged, or transmitted in accordance with this Regulation shall be subject to the requirements of professional secrecy laid down in this Article.

2.   The obligation of professional secrecy shall apply to all persons who work or who have worked for authorities involved in the implementation of this Regulation and to any natural or legal person to whom the relevant authorities have delegated their powers, including auditors and experts contracted by those authorities.

3.   Information covered by professional secrecy shall not be disclosed, except by virtue of provisions laid down by Union or national law.

4.   All information exchanged between the relevant authorities or Member States in accordance with this Regulation that concerns business conditions or operational conditions or other economic or personal affairs shall be considered confidential and shall be subject to the requirements of professional secrecy, except where the relevant authority states at the time of the communication that such information may be disclosed, where the disclosure is required by virtue of provisions laid down under Union or national law or where such disclosure is necessary for legal proceedings.

Article 13 Monitoring

1.   The Commission shall continuously monitor the development of the Union’s energy market, in particular in respect of potential gas supply dependencies or other risks to the security of energy supply related to energy imports from the Russian Federation. By 4 February 2028, the Commission shall submit a report on the implementation of this Regulation to the European Parliament and the Council.

That report shall include an assessment of the effectiveness of the prior authorisation procedure provided for in Article 5. It shall also include information on possible security of supply issues related to natural gas that originates in or is exported, directly or indirectly, from the Russian Federation in Union storages. In addition, the report shall include an evaluation of the effectiveness of the exchange of information and cooperation among the relevant authorities in accordance with Article 6 and Article 7(2) and (5), and, where appropriate, shall set out recommendations for the improvement of such exchange of information and cooperation.

2.   In the case of sudden and significant developments which seriously threaten the security of energy supply of one or more Member States, and after an emergency in accordance with Article 11 or 12 of Regulation (EU) 2017/1938 has been declared, the Commission may, by means of a decision, temporarily suspend the application of Chapter II of this Regulation in one or more Member States, in whole or in part. In such a case, the Commission may also suspend the requirement of prior authorisation pursuant to Article 5(2) of this Regulation. The Commission’s decision shall contain certain conditions, in particular to ensure that any suspension is strictly limited to addressing the threat. The suspension shall be limited to a duration which is strictly necessary to bridge the time until there are sufficient supplies from countries other than the Russian Federation to meet Union demand. It shall not be granted for more than 4 weeks at a time and shall only be renewed if the conditions for the emergency pursuant to Article 11 of Regulation (EU) 2017/1938 continue to apply. Only short-term supply contracts shall be allowed under a temporary suspension pursuant to this paragraph. The Commission shall inform the Member States and the Gas Coordination Group of any such suspension, and shall submit a report to the European Parliament and the Council justifying the suspension and any extension thereof. The Commission shall present the report to the European Parliament if invited to do so.

Article 14 Entry into force and application

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

Article 3 shall apply from 18 March 2026, except where otherwise specified in Article 4.

Article 5 shall apply from 18 February 2026.

This Regulation is without prejudice to the application of the prohibition related to LNG established in Regulation (EU) No 833/2014 which shall apply and be complied with regardless of the provisions of this Regulation.

Schedules & Appendices

ANNEX I Template for national diversification plans for natural gas

ANNEX I

Template for national diversification plans for natural gas

This template is designed for national authorities drafting a national diversification plan as provided for in Article 9. It shall include the following:

General information

Name of the authority responsible for the preparation of the plan

Description of the gas system. It should include a description of:

(i)

the gas demand;

(ii)

the supply mix considering the dependence on Russian supply.

Main information about the import of natural gas that originates in or is exported, directly or indirectly, from the Russian Federation to the Member State

Reference of the individual contracts as communicated by the importers to the competent authorities and the Commission

Where applicable, LNG terminal services booked by companies or affiliated undertakings from the Russian Federation

Overall contracted quantities of natural gas that originates in or is exported, directly or indirectly, from the Russian Federation for delivery in the Member State

Contractual flexibilities and point of delivery (interconnection point, import point, LNG terminal, etc.)

Description of the measures to replace natural gas that originates in or is exported, directly or indirectly, from the Russian Federation

The description shall include the following elements:

Diversification options:

(i)

alternative supplies;

(ii)

alternative supply routes;

(iii)

demand aggregation

Description of the measure and its objectives, including quantities expected to be phased out and intermediate steps in the case of a multi-stage measure

Implementation timeline

Impact of the measures on the energy system, including on flow patterns, infrastructure capacities, tariffs, etc.

Impact on neighbouring Member States

Technical, contractual or regulatory barriers to replacing natural gas that originates in or is exported, directly or indirectly, from the Russian Federation

Technical, contractual or regulatory barriers

Options to overcome barriers, and timeline

Category

Replacement of volumes for the phase-out  ( 1 )

Information required

Description of measures in place and planned at national level to replace the remaining volumes of natural gas that originates in or is exported, directly or indirectly, from the Russian Federation:

(i)

quantities expected to be phased out by each measure,

(ii)

implementation timeline (start-end),

(iii)

options for alternative supplies and supply routes

Pipeline gas

LNG

( 1 )   Such measures may include the use of the Aggregate EU Platform pursuant to Article 42 of Regulation (EU) 2024/1789, support measures for diversification efforts of energy companies, cooperation in regional groups such as the Central and South-Eastern Europe Energy Connectivity (CESEC) High-Level Group, identifying alternatives to natural gas imports via electrification, energy efficiency measures, boosting the production of biogas, biomethane and clean hydrogen, renewable energy deployment or voluntary demand reduction measures.

ANNEX II Template for national diversification plans for oil

ANNEX II

Template for national diversification plans for oil

This template is designed for national authorities drafting a detailed national diversification plan as provided for in Article 10. It shall include the following:

General information

Name of the authority responsible for the preparation of the plan

Description of the oil system. It should include a description of:

(i)

the oil demand;

(ii)

the supply mix considering the dependence on Russian supply.

Main information about the import of oil (crude oil and petroleum products) that originates in or is exported, directly or indirectly, from the Russian Federation to the Member State

Overall contracted quantities of oil that originates in or is exported from, directly or indirectly, the Russian Federation for delivery in the Member State

Expiry date of contractual obligations

Information about the identity of the different stakeholders (seller, importer, and buyer)

Description of the measures to replace oil that originates in or is exported, directly or indirectly, from the Russian Federation

The description shall include the following elements:

Diversification options:

(i)

alternative supplies;

(ii)

alternative supply routes

Description of the measure and its objectives, including quantities expected to be phased out and intermediate steps in the case of a multi-stage measure

Measures in place and planned at national level to ensure transparency and traceability of oil that originates in or is exported, directly or indirectly, from the Russian Federation, to the extent possible, including measures on verification of possible relabelled imports

Implementation timeline

Impact of measures on the energy system, including on flow patterns, infrastructure capacities, tariffs, etc.

Impact on neighbouring Member States

Technical, contractual or regulatory barriers to replacing oil that originates in or is exported, directly or indirectly, from the Russian Federation

Technical, contractual or regulatory barriers

Options to overcome barrier, and timeline