Regulation (EU) 2017/1938, concerning measures to safeguard the security of gas supply, establishes a comprehensive framework to ensure the proper and continuous functioning of the EU's internal gas market. It repeals and replaces the previous Regulation (EU) No 994/2010, introducing a more robust, regionally-focused approach to preventing and responding to gas supply disruptions.
The regulation is built on the principle of shared responsibility among natural gas undertakings, Member States, and the European Commission. It mandates a three-level approach to crisis management, involving industry, national or regional authorities, and the Union. A key evolution is the establishment of 'risk groups'—predefined groups of Member States that must cooperate on assessing risks and developing joint preventive and emergency plans.
Recent amendments, notably Regulation (EU) 2022/1032, were introduced in response to geopolitical events to bolster the EU's energy security, primarily by mandating minimum gas storage levels ahead of winter periods.
The primary objective is to safeguard the security of gas supply across the European Union. This is achieved by establishing transparent, solidarity-based mechanisms for preventing gas crises and managing them effectively when they occur. The regulation aims to ensure that even in the event of a major supply disruption, the essential needs of citizens, especially protected customers, are met.
The regulation applies to a range of actors within the EU gas market:
The regulation defines 'protected customers' who must be supplied with gas even during a crisis. This category always includes:
Member States can also extend this protection to:
The regulation requires Member States to establish rules on penalties for infringements. These penalties must be effective, proportionate, and dissuasive. Specific areas where penalties apply include:
The Security of Gas Supply Regulation's requirements have been implemented in phases since its entry into force:
Gas Storage Obligations (introduced by 2022 amendment): These obligations apply to Member States with underground gas storage facilities on their territory.
Obligations for Member States without Gas Storage: