Commission Implementing Regulation (EU) 2023/2633 of 20 November 2023 setting the filling trajectory with intermediary targets for 2024 for each Member State with underground gas storage facilities on its territory and directly interconnected to its market area

Official Journal EN of the European Union L series 2023/2633 23.11.2023 COMMISSION IMPLEMENTING REGULATION (EU) 2023/2633 of 20 November 2023 setting the filling trajectory with intermediary targets for 2024 for each Member State with underground gas storage facilities on its territory and directly interconnected to its market area (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to 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(1), as amended by Regulation (EU) 2022/1032(2), and in particular Article 6a(7), third subparagraph, thereof,

Whereas:

(1) Following the Russian military aggression against Ukraine and in the face of the possibility of a protracted disruption or even a halt of gas supplies from Russia, the European Union undertook initiatives to increase its preparedness against such disruptions, in order to protect its citizens and the economy of the Union.

(2) In this context, Regulation (EU) 2022/1032 was adopted with a view to ensuring the filling of Member States’ underground gas storage facilities for the winter period of 2022-2023 and beyond.

(3) As for 2023 and beyond, first subparagraph of Article 6a(7) of Regulation (EU) 2017/1938 provides that each Member State with underground gas storage facilities must submit to the Commission, by 15 September of the previous year, a draft filling trajectory with intermediary targets for February, May, July and September, including technical information, for such facilities on its territory and directly interconnected to its market area in an aggregated form. The filling trajectory and the intermediate targets shall be based on the average filling rate during the preceding five years.

(4) Third subparagraph of Article 6a(7) of Regulation (EU) 2017/1938 stipulates that, based on the technical information provided by each Member State and taking into account the assessment of the Gas Coordination Group (the ‘GCG’), the Commission must adopt implementing acts setting the filling trajectory for each Member State by 15 November of the preceding year in accordance with the examination procedure referred to in Article 18a(2) of the aforementioned Regulation. The Commission is assisted by a comitology committee referred to in Article 18a(1) of the Regulation (EU) 2017/1938, the ‘Gas Storage Committee’.

(5) The Commission is to adopt, by 15 November 2023, implementing acts setting the filling trajectory for each Member State with underground gas storage facilities for 2024. Given the time constraints for the adoption of those implementing acts, a single implementing act for all Member States concerned should be adopted.

(6) In light of the high uncertainty as regards the general security of gas supply situation and the development of gas demand and supply in the Union and individual Member States, the different consumption scenarios depending on winter temperatures, and the extent of voluntary demand reduction measures implemented by Member States based on Article 3 of Council Regulation (EU) 2022/1369(3), as then prolonged by Council Regulation (EU) 2023/706(4),

(1) OJ L 280, 28.10.2017, p. 1.

(2) 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 (OJ L 173, 30.6.2022, p. 17).

(3) Council Regulation (EU) 2022/1369 of 5 August 2022 on coordinated demand-reduction measures for gas (OJ L 206, 8.8.2022, p. 1–10).

(4) Council Regulation (EU) 2023/706 of 30 March 2023 amending Regulation (EU) 2022/1369 as regards prolonging the demand- reduction period for demand-reduction measures for gas and reinforcing the reporting and monitoring of their implementation (OJ L 93, 31.3.2023, p. 1).

ELI: http://data.europa.eu/eli/reg_impl/2023/2633/oj 1/4EN OJ L, 23.11.2023 the filling trajectories laid down in this Implementing Regulation comprise technically feasible minimum intermediate targets that allow Member States to meet the filling target of 90 % by 1 November 2024.

(7) The filling trajectories should take into account, to the extent possible, those submitted by the Member States and take into consideration the Member States’ average filling rate during the preceding five years. The technical feasibility of the intermediate targets set out in this Implementing Regulation should also take into account the aggregated injection capacity curve of the storage sites of each Member State. Those targets should be set in a manner that safeguards the security of gas supply at Union level, while avoiding unnecessary burdens on Member States, gas market participants, storage system operators or customers, and without unduly distorting competition between storage facilities located in the neighbouring Member States.

(8) The intermediate targets of 1 Februaryand 1 May 2024are important targets for the security of supply during the coming gas year. Setting the February target to a Union minimum average of 45 % aims to reinforce security of gas supply by ensuring high deliverability from the storages in December 2023 and January 2024 when gas demand is high, while avoiding storage depletion in February and March 2024. In particular, flexibility should be provided in the early winter months in case of a winter that is colder than the average. Nevertheless, considering the ENTSOG Winter Supply Outlook, Member States should strive to reach collectively the filling of 55 % of the capacity of the underground gas storage facilities in the Union to prevent a security of supply situation that could lead to the declaration of an EU Alert pursuant to Regulation (EU) 2023/706 and the consequent adoption of measures on the demand side. The intermediary target of 45 % EU storage level on 1 May 2024 is justified to facilitate storage refilling in the event of higher demand and/or reduced supply during summer 2024 and if not reached could pose a serious risk of not meeting the 90 % storage target of 1 November 2024. In line with Regulation (EU) 2017/1938, filling levels that remain up to five percentage points below the target, are considered as complying with the targets of Regulation (EU) 2017/1938. Where the filling level of a Member State is more than five percentage points below the level of its filling trajectory, the competent authority should immediately take effective measures to increase it.

Member States should inform the Commission and the GCG of such measures.

(9) Filling trajectories submitted by Member States can differ from one another since they reflect country specific situations. Also, storage targets for 1 May are generally lower than the targets of 1 February since the storage withdrawals are linked to the heating demand and storages reach their minimum at EU level around April each year.

(10) For Member States falling under Article 6a(3) of Regulation (EU) 2017/1938, the filling target should be reduced by the volume which was supplied to third countries during the reference period 2016 to 2021 if the average volume supplied was more than 15 TWh per year during the gas storage withdrawal period (October – April).

(11) Member States should meet the filling target of 90 % of their storage facilities referred to in paragraph 1 of Article 6a of Regulation (EU) 2017/1938, including, notably, by aggregating demand and taking part in the joint purchasing mechanism, as set out in the Commission Communication of 18 October 2022(5) and in the related Council Regulation (EU) 2022/2576(6), if prolonged.

(12) In filling storage, and in light of the challenges for the filling season in 2024, Member States should make best use of all available coordination tools at EU level. The use of the EU Energy Platform for the aggregation of demand with a view to the joint purchase of gas, if prolonged, could contribute to a better coordination of storage filling. For example, Member States should be prepared already to participate in demand aggregation with substantial volumes to help meeting the target of 90 %.

(13) The filling trajectories also take into account the assessment of the GCG, which was consulted during its meetings of 20 September 2023and 20 October 2023.

(5) Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, COM/2022/553 final of 18 October 2022 – Energy Emergency – preparing, purchasing and protecting the EU together.

(6) Council Regulation (EU) 2022/2576 of 19 December 2022 enhancing solidarity through better coordination of gas purchases, reliable price benchmarks and exchanges of gas across borders (OJ L 335, 29.12.2022, p. 1).

2/4 ELI: http://data.europa.eu/eli/reg_impl/2023/2633/ojEN OJ L, 23.11.2023

(14) This Regulation is reflecting storage trajectories of Member States with underground storage facilities, while Article 6c of Regulation (EU) 2017/1938 provides other obligations for Member States without underground gas storage facilities.

(15) Considering the need to set the filling trajectories for 2024 by 15 November 2023, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

(16) The measures provided in this Regulation are in accordance with the opinion of the Gas Storage Committee.

HAS ADOPTED THIS REGULATION:

Article 1 Filling trajectories for 2024 The filling trajectories with intermediate targets for 2024 for Member States with underground storage facilities on their territory and directly interconnected to their market area are set out in the Annex.

Article 2 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.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 November 2023.

For the Commission The President Ursula VON DER LEYEN

ELI: http://data.europa.eu/eli/reg_impl/2023/2633/oj 3/4EN OJ L, 23.11.2023 ANNEX Filling trajectory with intermediate targets and filling target for 2024 for Member States with underground gas storage facilities(1) 1 February 1 May intermediate 1 July intermediate 1 September 1 November filling Member State intermediate target target target intermediate target target AT 50% 40% 58% 72% 90% BE 30% 5% 40% 78% 90% BG 52% 33% 55% 77% 90% CZ 40% 25% 30% 60% 90% DE 45% 10% 30% 65% 90% DK 45% 40% 60% 80% 90% ES 59% 60% 66% 80% 90% FR 41% 11% 39% 81% 90% HR 46% 29% 51% 83% 90% HU 51% 37% 65% 86% 90% IT 45% 36% 54% 72% 90% LV 45% 41% 63% 90% 90% NL 43% 30% 50% 68% 90% PL 50% 35% 60% 80% 90% PT 70% 70% 80% 80% 90% RO 40% 41% 65% 85% 90% SE 59% 30% 61% 79% 90% SK 45% 20% 27% 67% 90%

(1) The Annex is subject to the pro rata obligations of each Member State under Regulation (EU) 2017/1938, in particular Articles 6a, 6b and 6c thereof. For Member States falling under Article 6a(2), the pro rata intermediate target shall be calculated by multiplying the value indicated in the table by the limit of 35 % and by dividing the result by 90 %.

4/4 ELI: http://data.europa.eu/eli/reg_impl/2023/2633/oj