Regulation (EU) 2022/1032 of the European Parliament and of the Council of 29 June 2022 amending Regulations (EU) 2017/1938 and (EC) No 715/2009 with regard to gas storage (Text with EEA relevance)

• Date of Signature: 29 June 2022
• Published date: 30 June 2022
• Official Gazette Publication: Official Journal of the European Union, L 173, 30 June 2022

REGULATION (EU) 2022/1032 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 29 June 2022

amending Regulations (EU) 2017/1938 and (EC) No 715/2009 with regard to gas storage

(Text with EEA relevance)

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,

Having regard to the opinion of the European Economic and Social Committee (

1

),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure (

2

),

Whereas:

(1) While shor t-term gas supply disruptions have occur red in the past, there are several factors which distinguish the

situation in 2022 from previous security of gas supply crises. The escalation of the Russian military aggression

against Ukraine since February 2022 has led to unprecedented price increases. Those price increases are likely to

fundamentally change the incentives to fill underground gas storage facilities in the Union. In the current

geopolitical situation, further disruptions of gas supplies cannot be excluded. Such supply disruptions could

severely harm citizens and the economy of the Union because the Union is still, to a significant extent, dependent

on external gas supplies, which can be affected by the conflict.

(2) The nature and consequences of recent events are large-scale and Union-wide and therefore require a comprehensive

Union response. That response should prioritise measures that can reinforce the security of gas supply at Union

level, in par ticular gas supplies to protected customers. Energy savings and energy efficiency are key contributors to

that objective. It is therefore crucial that the Union acts in a coordinated manner to avoid potential risks resulting

from possible gas supply disruptions, without prejudice to Member States’ right to choose between different energy

sources and the general structure of their energy supply in accordance with Article 194 of the Treaty on the

Functioning of the European Union (TFEU).

(3) Underground gas storage facilities contribute to the security of gas supply and well-filled underground gas storage

facilities lead to the security of gas supply by providing additional gas in the event of high demand or supply

disruptions. Since supply disruptions of pipeline gas can occur at any time, measures regarding the fil ling level of

Union underground gas storage facilities should be introduced to safeguard the security of gas supply for the winter

of 2022–2023.

(4) Regulation (EU) 2017/1938 of the European Parliament and of the Council (

3

) introduced a solidar ity mechanism as

an instrument to mitigate the effects of a severe emergency within the Union in which gas supply to solidarity

protected customers, as an essential security need and a necessary priority is at stake in a Member State. In the event

of a Union emergency, an immediate response ensures that Member States are able to provide enhanced protection

to customers.

(

1

) Opinion of 18 May 2022 (not yet published in the Official Journal).

(

2

) Position of the European Parliament of 23 June 2022 (not yet published in the Official Jour nal) and decision of the Council of 28 June

2022.

(

3

) Regulation (EU) 2017/1938 of the European Parliament and of the Council of 25 October 2017 concerning measures to safeguard the

security of gas supply and repealing Regulation (EU) No 994/2010 (OJ L 280, 28.10.2017, p. 1).

EN Official Journal of the European Union 30.6.2022 L 173/17

(5) The impact of the Russian military aggression against Ukraine has shown that the existing security of supply rules

are not adapted to sudden major changes in the geopolitical situation, in which supply shortages and price peaks

can result not only from the failure of infrastructure or extreme weather conditions but also from intentional major

events and from longer-lasting or sudden supply disr uptions. It is therefore necessary to address the sudden greatly

increased risks resulting from the current changes in the geopolitical situation, including by diversifying the Union’s

energy supplies.

(6) Based on the Commission’s analysis of, inter alia, the adequacy of measures to secure gas supply and the Union-wide

reinforced risk preparedness analysis carried out in Februar y 2022 by the Commission and the Gas Coordination

Group (the ‘GCG’) established by Regulation (EU) 2017/1938, each Member State should, in principle, ensure that

the underground gas storage facilities that are located on its territory and directly interconnected to a market area of

that Member State are filled to at least 90 % of their capacity at Member State level by 1 November of each year

(filling target), with a series of intermediate targets for each Member State in May, July, September and February

(filling trajectory) of the year thereafter. Some Member States that have significant underground storage capacity

would be disproportionately affected by the obligation to meet the filling target for the underground gas storage

facilities on their territory. In order to reflect that situation, the obligation to fill their underground gas storage

facilities should be reduced to 35 % of their average annual gas consumption over the preceding five years. This

should be without prejudice to the obligation of other Member States to contribute to the filling of the underground

gas storage facilities concerned. Member States should be able to decide, subject to conditions, to partially meet the

filling target by counting liquefied natural gas (LNG) stocks stored in LNG facilities. The filling targets are necessary

to ensure that consumers in the Union are adequately protected against gas supply shortages. For 2022, a lower

filling target of 80 % and a reduced number of intermediate targets should apply, taking into account the fact that

this Regulation is to enter into force after the start of the storage filling season and that Member States will have

limited time to implement it.

(7) When filling their storage facilities, Member States should aim to diversify their gas suppliers with a view to reducing

their dependence where that may endanger the secur ity of energy supply or the essential security interests of the

Union or of the Member States.

(8) Each year from 2023, gas storage should be specifically monitored from February to avoid the sudden withdrawal of

gas from underground gas storage facilities in the middle of winter, which could cause security of supply challenges

before the end of winter. The filling trajectories should enable continuous monitoring throughout the storage filling

season.

(9) Each year from 2023, each Member State with underground gas storage facilities should submit to the Commission a

draft filling trajectory for such facilities on its territory and directly interconnected to its market area in an aggregated

form. Taking into account the assessment of the GCG, the Commission should take a decision setting the filling

trajectory for each Member State in a manner that does not unduly distort the competitive position of underground

gas storage facilities in that Member State in comparison with such facilities located in neighbouring Member States.

(10) In order to set the filling trajectory for each Member State with underground gas storage facilities from 2023 based

on the draft filling trajectory submitted by each such Member State, implementing powers should be conferred on

the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the

European Parliament and of the Council (

4

).

(11) The filling trajectory for each Member State with underground gas storage facilities should comprise a series of

intermediate targets and should be based on the average filling rate for that Member State during the preceding five

years. For Member States for which the filling target is reduced to 35 % of their average annual gas consumption,

the intermediate targets of the filling trajectory should be reduced accordingly.

(

4

) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general

principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55,

28.2.2011, p. 13).

EN Official Journal of the European Union L 173/18 30.6.2022