### as demonstrated by the october 2014 stress test , solidarity is needed to ensure security of supply across the union and to keep overall costs to a minimum . if an emergency is declared in any member state , a two - step approach should be applied to strengthen solidarity . firstly , all member states which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid . secondly , if the first step fails to provide the necessary supply , further measures by neighbouring member states , even if not in an emergency situation , should be triggered to ensure the supply to households , essential social services and district heating installations in the member state experiencing the emergency . member states should identify and describe the details of these solidarity measures in their emergency plans , ensuring fair and equitable compensation of the natural gas undertakings . ### as demonstrated by the october 2014 stress test , solidarity is needed to ensure security of supply across the union and to keep overall costs to a minimum . if an emergency is declared in any member state , a two - step approach should be applied to strengthen solidarity . firstly , all member states are directly or indirectly interconnected , and which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid . secondly , if the first step fails to provide the necessary supply , further measures by neighbouring member states , even if not in an emergency situation , should be triggered to ensure the supply to households , essential social services and district heating installations in the member state experiencing the emergency , provided that such member states can prove that all the measures described in its emergency plan have been used , and that all the technical and commercial terms defined in the solidarity agreement in the emergency plan have been met . member states should identify and describe the details of these solidarity measures in solidarity agreements in their emergency plans , ensuring an appropriate compensation of the natural gas undertakings and of the non - protected customers concerned by the solidarity measures , based on the market value of the costs generated by the interruption of supplies consequent to the implementation of article 12 .


### regulation no 994 / 2010 requires transmission system operators to enable permanent bi - directional capacity on all cross - border interconnections unless an exemption has been granted from this obligation . it aims to ensure that the possible benefits of permanent bi - directional capacity are always taken into account when a new interconnector is planned . however , bi - directional capacity can be used to supply gas both to the neighbouring member state and to others along the gas supply corridor . the benefits for security of supply of enabling permanent bi - directional capacity thus need to be seen in a broader perspective , in a spirit of solidarity and enhanced cooperation . a cost - benefit analysis that takes account of the whole transportation corridor should therefore be conducted when considering whether to implement bi - directional capacity . the competent authorities should accordingly be required to re - examine the exemptions granted under regulation 994 / 2010 on the basis of the results of the regional risk assessments . ### regulation no 994 / 2010 requires transmission system operators to enable permanent bi - directional capacity on all cross - border interconnections unless an exemption has been granted from this obligation . it aims to ensure that the possible benefits of permanent bi - directional capacity are always taken into account when a new interconnector is planned . however , bi - directional capacity can be used to supply gas both to the neighbouring member state and to others along the gas supply corridor . the benefits to the security of gas supply of enabling permanent bi - directional capacity need to be seen from a broader perspective , in a spirit of solidarity and enhanced cooperation . a cost - benefit analysis that takes account of the whole transportation corridor should be conducted when considering whether to implement bi - directional capacity . the competent authorities should be required to re - examine the exemptions granted under regulation no 994 / 2010 on the basis of the results of regional risk assessments .


### a major disruption of the gas supply can affect all member states , the union as a whole and contracting parties to the treaty establishing the energy community , signed in athens on 25 october 2005 . it can also severely damage the union economy and can have a major social impact , particularly on vulnerable groups of customers . ### the high level of interdependence of member states and european third countries is also a feature of the field of energy . a major disruption of gas supply in one country can affect multiple other member states , the union or contracting parties to the treaty establishing the energy community . it can weaken overall security , severely damage the economy and have a major social impact , particularly on vulnerable groups of customers , especially in countries which are overly dependent on a single dominant supplier .


### the measures to ensure the security of supply contained in the preventive action plans and in the emergency plans shall be clearly defined , transparent , proportionate , non - discriminatory and verifiable , shall not unduly distort competition and the effective functioning of the internal market in gas and shall not endanger the security of gas supply of other member states or of the union as a whole . ### the measures to ensure the security of gas supply contained in the preventive action plans and in the emergency plans shall be clearly defined , transparent , proportionate , non - discriminatory and verifiable , shall not unduly distort competition and the effective functioning of the internal market in gas and shall not endanger the security of gas supply of other member states , regions or the union .


### when conducting a comprehensive risk assessment to be prepared at regional level , competent authorities should assess natural , technological , commercial , financial , social , political and market - related risks , and any other relevant ones , including , where appropriate , the disruption of the supplies from the single largest supplier . all risks should be addressed by effective , proportionate and non - discriminatory measures to be developed in the preventive action plan and the emergency plan . the results of the risk assessments should also contribute to the all hazard risk assessments foreseen under article 6 of decision no 1313 / 2013 / eu18 . __________________ 18 decision no 1313 / 2013 / eu of the european parliament and of the council of 17 december 2013 on a union civil protection mechanism . ### when conducting a comprehensive risk assessment to be prepared at regional level , competent authorities should assess natural , technological , infrastructural , commercial , financial , social , political , market - related , and any other relevant risks , including , where appropriate , disruption of supplies from dominant suppliers . all risks should be addressed by effective , proportionate and non - discriminatory measures to be developed in preventive action plan and emergency plan . the results of the risk assessments should also contribute to the all risk assessments provided for in article 6 of decision no 1313 / 2013 / eu of the european parliament and of the council18 . __________________ 18 decision no 1313 / 2013 / eu of the european parliament and of the council of 17 december 2013 on a union civil protection mechanism .


### the technical , legal and financial arrangements for the application of paragraph 3 shall be agreed among the member states which are directly connected to each other and described in the emergency plans of their respective regions . such arrangements may cover , among others , gas prices to be applied , use of interconnectors , including bi - directional capacity , gas volumes and the coverage of compensation costs . market - based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3 . in case the technical , legal and financial arrangements necessary to apply paragraph 3 are amended , the relevant emergency plan shall be updated accordingly . ### the technical , legal and financial arrangements for the application of paragraph 3 shall be agreed at the regional and inter - regional levels and described in the emergency plans . such arrangements may cover , among others , gas prices to be applied , use of interconnectors , including bi - directional capacity , gas volumes and the shared responsibility for compensation costs . market - based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3 . those gas prices and compensation costs and mechanisms shall be reviewed regularly . in case the technical , legal and financial arrangements necessary to apply paragraph 3 are amended , the relevant emergency plan shall be updated accordingly . by 31 march 2019 , the commission shall prepare guidelines and a list of best practices aimed at facilitating those arrangements .


### the preventive action plan and the emergency plan shall be developed in accordance with the templates contained in annex v . the commission shall be empowered to adopt delegated acts in accordance with article 18 to amend those templates . ### the preventive action plan and the emergency plan shall be developed in accordance with the templates contained in annex v . the commission shall be empowered to adopt delegated acts in accordance with article 18 to amend those templates taking into account member state implementation timeframes .


### certain customers , including households and customers providing essential social services , are particularly vulnerable and may need social protection . a definition of such protected customers should not conflict with the union solidarity mechanisms . ### certain customers , including households and customers that provide essential social services , are particularly vulnerable to supply disruptions and may need special protection . a definition of such protected customers should be harmonised across the union to an extent which does not conflict with the union solidarity mechanisms .


### the risk assessment once agreed by all member states in the region shall be notified to the commission for the first time no later than on 1 september 2018 . the risk assessment shall be updated every four years unless circumstances warrant more frequent updates . the risk assessment shall take account of progress made in investments needed to cope with the infrastructure standard defined in article 4 and of country - specific difficulties encountered in the implementation of new alternative solutions . it shall also build on the experience acquired through the simulation of the emergency plans contained in article 9 . ### the regional chapter once agreed by all connected member states shall be notified to the commission for the first time no later than on 1 september 2018 . the risk assessment shall be updated every four years unless circumstances warrant more frequent updates . the risk assessment shall take account of progress made in investments needed to cope with the infrastructure standard defined in article 4 and of country - specific difficulties encountered in the implementation of new alternative solutions . it shall also build on the experience acquired through the simulation of the emergency plans contained in article 9 .


### the preventive action plans and emergency plans should be updated regularly and published . they should be subject to peer review . the peer review process allows for early identification of inconsistencies and measures that could endanger other member states ' security of supply , thereby ensuring that plans from different regions are consistent with one another . it also enables member states to share best practice . ### the preventive action plans and emergency plans should be updated on a regular basis and published . they should be subject to peer review which should be monitored by the commission . the peer review process is intended to allow for early identification of inconsistencies and measures that could endanger the security of gas supply of other member states , thereby ensuring consistency of the plans across different regions . it also enables member states to share best practice .


### low calorific gas is supplied in certain regions in the union . given its characteristics , it cannot be used in appliances designed for high calorific gas . it is , however , possible to use high calorific gas in appliances designed for low calorific gas , provided that it has been converted into low calorific gas , for instance by adding nitrogen . the specific characteristics of low calorific gas should be considered at national and regional levels and should be taken into account in the risk assessment and the preventive action and emergency plans . ### low calorific gas is supplied in certain regions in the union . its characteristics prevent it from being used in appliances designed for high calorific gas . it is , however , possible to use high calorific gas in appliances designed for low calorific gas , provided that it has been converted into low calorific gas , for instance by adding nitrogen . the specific characteristics of low calorific gas should be considered at national and regional levels and should be taken into account in the risk assessment and the preventive action and emergency plans .


### the technical , legal and financial arrangements for the application of paragraph 3 shall be agreed among the member states which are directly connected to each other and described in the emergency plans of their respective regions . such arrangements may cover , among others , gas prices to be applied , use of interconnectors , including bi - directional capacity , gas volumes and the coverage of compensation costs . market - based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3 . in case the technical , legal and financial arrangements necessary to apply paragraph 3 are amended , the relevant emergency plan shall be updated accordingly . ### the technical and financial arrangements necessary to apply the provisions contained in paragraph 2 shall be agreed according to the following level - based approach concerning the supply standard , based on the actual situation on the market , as provided by the monitoring systems in place for emergency situations : – bilateral / regional level – inter - regional – eu - wide such arrangements may cover , among others , gas prices to be applied , use of interconnectors , including bi - directional capacity , gas volumes and the coverage of compensation costs . in case the affected member state cannot address individually the coverage of the compensation costs , they shall be shared at eu level .


### to ensure maximum preparedness , so as to avoid a supply disruption and mitigate its effects should it nevertheless occur , the competent authorities of a given region must draw up preventive action plans and emergency , after consulting stakeholders . regional plans should take account of the specific characteristics of each member state . they should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities . national measures to be designed should take fully account of the regional measures set out in the preventive action plan and emergency plan . they should be so designed as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation . the plans should be technical and operational in nature , their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects . the plans should take the security of electricity systems into account and be consistent with the energy union ' s strategic planning and reporting tools . ### to ensure maximum preparedness , so as to avoid a supply disruption and mitigate the effects of such a disruption should it nevertheless occur , the competent authorities of a given region should draw up preventive action plans and emergency plans , after consulting the stakeholders . regional plans should take account of the specific characteristics of each member state . they should also clearly define the roles and responsibilities of the natural gas undertakings and the competent authorities . national measures to be designed should take fully account of the regional measures set out in the preventive action plan and emergency plan . they should be designed so as to address national risks in a way that takes full advantage of the opportunities provided by regional cooperation . the plans should be technical and operational in nature , their function being to help prevent the occurrence or escalation of an emergency and to mitigate its effects . the plans should take the security of electricity systems into account and be consistent with the energy union ' s strategic planning and reporting tools .


### in march 2015 , the european council concluded that gas supply contracts with suppliers from third countries should be made more transparent and compatible with the union energy security provisions . in this context an efficient and targeted mechanism for member states ' access to key gas supply contracts should ensure a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur . under that mechanism certain key gas supply contracts should be automatically notified , immediately after their conclusion , to the member states . however , any obligation to notify a contract automatically needs to be proportionate . applying this obligation to contracts between a supplier and a buyer covering 40% of the national market strikes the right balance in terms of administrative efficiency and lays down clear obligations for market participants . this does not mean that other gas supply contracts are not relevant to security of supply . accordingly , member states should have the right to request other contracts which might negatively affect security of supply of a member state or region or of the union as a whole . the commission should have the same access to the gas supply contracts as member states , given its role in assessing the consistency and effectiveness of the preventive action plans and emergency plans to address risks to security of supply at national , regional and eu level . the commission may call on the member states to amend the plans so as to take account of the information obtained from the contracts . the confidentiality of commercially sensitive information should be ensured . improved commission access to information on commercial contracts should not affect the commission ' s ongoing efforts to monitor the gas market , and the commission should intervene if violations of the union law are identified . the provisions of this regulation should be without prejudice to the right of the commission to launch infringement proceedings in accordance with article 258 of the treaty on the functioning of the european union and to enforce competition rules , including state aid , . ### completing the internal energy market will create a level playing field , ensuring that all energy supply contracts throughout the union are based on market prices and competition rules . in march 2015 , the european council concluded that agreements related to the buying of gas with suppliers from third countries should be made more transparent and compatible with the union energy security provisions . in this context an efficient and targeted mechanism for member states ' access to key gas supply contracts will contribute to a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur . under that mechanism certain information of key gas supply contracts should be automatically notified , immediately after their conclusion , to the member states . however , any obligation to notify a contract automatically needs to be proportionate . applying this obligation to contracts between a supplier and a buyer covering 40% of the national market strikes the right balance in terms of administrative efficiency and lays down clear obligations for market participants . this does not automatically imply that other gas supply contracts are not relevant to security of supply . accordingly , member states should have the right to request similar information of other contracts which might negatively affect security of supply of a member state or region or the union . the commission should have the same access to information regarding gas supply contracts as member states , given its role in assessing the consistency and effectiveness of the preventive action plans and emergency plans to address risks to security of supply at national , regional and union level . the commission should be able to request member states to amend the plans so as to take account of the information obtained from the contracts . the confidentiality of commercially sensitive information should be ensured . increased commission access to information on commercial contracts should not affect the commission ' s ongoing efforts to monitor the gas market , and the commission should intervene if violations of the union law are identified . the provisions of this regulation should be without prejudice to the right of the commission to launch infringement proceedings in accordance with article 258 of the treaty on the functioning of the european union and to enforce competition rules , including with regard to state aid .


### it is necessary to ensure the predictability of the action to take in the event of an emergency , allowing all market participants sufficient opportunity to react and also prepare for such circumstances . as a rule , the competent authorities should therefore abide by their emergency plan . in duly justified exceptional circumstances , they should be allowed to take action which deviates from those plans . it is also important to make the way in which emergencies are announced more transparent and predictable . information on the system balancing position , the framework for which is set out in commission regulation no 312 / 201419 , may play an important role in this regard . that information should be available to competent authorities and the national regulatory authorities , if the latter are not the competent authority on a real time basis . __________________ 19 commission regulation no 312 / 2014 of 26 march 2014 establishing a network code on gas balancing of transmission networks . ### it is necessary to ensure the predictability of actions to be taken in the event of an emergency , granting all market participants sufficient opportunity to prepare for such situations and react to them . as a rule , the competent authorities should therefore comply with their emergency plan . in exceptional circumstances and on reasonable grounds , they should be allowed to take action which deviates from those plans . the manner in which emergencies are announced should be more transparent and predictable . information on the system balancing position , the framework for which is laid down in commission regulation no 312 / 201419 , may play an important role in this regard . that information should be available on a real - time basis to the competent authorities and to the national regulatory authorities , if they are not the competent authorities . __________________ 19 commission regulation no 312 / 2014 of 26 march 2014 establishing a network code on gas balancing of transmission networks .


### in a spirit of solidarity , regional cooperation , involving both public authorities and natural gas undertakings , should be the guiding principle of this regulation , to identify the relevant risks in each region and optimise the benefits of coordinated measures to mitigate them and to implement the most cost - effective measures for union consumers . ### in a spirit of solidarity , regional cooperation , involving both public authorities and natural gas undertakings , should be the guiding principle of this regulation , to identify the relevant regional risks and optimise the benefits of coordinated measures to mitigate them and to implement the most cost - effective measures for union consumers .


### responsibility for security of gas supply should be shared by natural gas undertakings , member states , acting through their competent authorities ; and the commission , within their respective remits . such shared responsibility requires very close cooperation between these parties . however , customers using gas for electricity generation or industrial purposes may also have an important role to play in security of gas supply , as they can respond to a crisis by taking demand - side measures such as interruptible contracts and fuel switching , which have an immediate impact on the supply / demand balance . ### responsibility for security of gas supply should be shared by natural gas undertakings , member states , acting through their competent authorities ; and the commission , within their respective remits . such shared responsibility requires very close cooperation between those parties . however , customers using gas for electricity generation or industrial purposes may also have an important role to play in security of gas supply , as they can respond to a crisis by taking demand - side measures such as interruptible contracts and fuel switching , which have an immediate impact on the supply - demand balance . security of gas supply to such customers may also be considered to be essential in some cases . they could be granted a certain level of protection by ensuring that during an emergency they are among the last consumers to forego supply before protected customers . member states should be able to provide for this possibility when identifying the supply restrictions orders to be applied in the case of an emergency .


### in order to make the regional cooperation feasible , member states should establish a cooperation mechanism within each region . such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans at regional level . member states are free to agree on a cooperation mechanism best suited for a given region . the commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies . in absence of an agreement on the cooperation mechanism , the commission may propose a suitable cooperation mechanism for a given region . ### in order to make regional cooperation feasible , member states should establish a cooperation mechanism within each region . such mechanism or mechanisms should be developed in sufficient time to allow for conducting the risk assessment and drawing up effective plans at regional level . member states are free to agree on a cooperation mechanism best suited for a given region . the commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies . in the absence of an agreement on the cooperation mechanism , the commission will propose a suitable cooperation mechanism for a particular region .


### the commission communication ' framework strategy for a resilient energy union with a forward - looking climate change policy ' 14 from february 2015 , highlights the fact that the energy union rests on solidarity and trust , which are necessary features of energy security . this regulation should aim to boost solidarity and trust between the member states and should put in place the measures needed to achieve these aims , thus paving the way for implementing the energy union . __________________ 14 communication from the commission to the european parliament and the council , the european economic and social committee , the committee of the regions and the european investment bank , com 80 final . ### energy security constitutes one of the objectives of the energy union strategy , as set out in the commission communication of 25 february 2015 , entitled ' framework strategy for a resilient energy union with a forward - looking climate change policy ' . the communication highlighted the fact that the energy union rests on solidarity , a principle enshrined in article 194 teu , and trust , which are necessary features of energy security . this regulation is intended to boost solidarity and trust between the member states and put in place the measures needed to achieve these aims , thus paving the way for achieving a vital objective of the energy union .


### each member state shall notify to the commission without delay the name of the competent authority and any changes thereto . each member state shall make the name of the competent authority public . ### each member state shall notify to the commission without delay , and make public , the name of the competent authority and any changes thereto .


### in order to make the regional cooperation feasible , member states should establish a cooperation mechanism within each region . such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans at regional level . member states are free to agree on a cooperation mechanism best suited for a given region . the commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies . in absence of an agreement on the cooperation mechanism , the commission may propose a suitable cooperation mechanism for a given region . ### in order to make the regional cooperation feasible , member states connected directly or in certain circumstances indirectly through a non - eu member state should establish a cooperation mechanism . such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans . member states are free to agree on a cooperation mechanism best suited for their grouping . the commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role for the preparation of the different documents or establishing dedicated bodies . in absence of an agreement on the cooperation mechanism , the commission may propose a suitable cooperation mechanism for a group of connected member states .


### an internal gas market that operates smoothly is the best guarantee of security of energy supply across the union and to reduce the exposure of individual member states to the harmful effects of supply disruptions . where a member state ' s security of supply is threatened , there is a risk that measures developed unilaterally by that member state may jeopardise the proper functioning of the internal gas market and damage the gas supply to customers in other member states . to allow the internal gas market to function even in the face of a shortage of supply , provision must be made for solidarity and coordination in the response to supply crises , as regards both preventive action and the reaction to actual disruptions of supply . ### a well - interconnected and well - functioning internal gas market , free of ' energy islands ' , is the best means by which to ensure security of gas supply across the union while reducing the exposure of individual member states to harmful effects of supply disruptions . where a member state ' s security of gas supply is threatened , there is a risk that measures developed unilaterally by that member state may damage gas supply to customers in other member states , negatively affecting the proper functioning of the internal gas market . to allow the internal gas market to function even in the face of a shortage of supply , provision must be made for solidarity and coordination at regional and union level as regards both preventive action and reaction to actual disruptions of supply .


### the commission ' s communication on the short - term resilience of the european gas system from october 201413 analysed the effects of a partial or complete disruption of gas supplies from russia and concluded that purely national approaches are not very effective in the event of severe disruption , given their scope , which is by definition limited . this stress test showed how a more cooperative approach among member states could significantly reduce the impact of very severe disruption scenarios in the most vulnerable member states . __________________ 13 com 654 final ### the commission ' s communication of 16 october 2014 on the short - term resilience of the european gas system analysed the effects of a partial or complete disruption of gas supplies from russia and concluded that many of the national approaches are unilateral in nature , insufficiently coordinated or insufficiently cooperative , and thus not very effective in the event of severe disruption . this stress test showed that a more cooperative approach among member states could significantly reduce the impact of very severe disruption scenarios in the most vulnerable member states .


### the regulation lays down security of supply standards that are sufficiently harmonised and cover at least the situation that occurred in january 2009 when gas supply from russia was disrupted . these standards take account of the difference between member states , public service obligations and customer protection measures , as referred to in article 3 of directive 2009 / 73 / ec . security of supply standards should be stable , so as to provide the necessary legal certainty , should be clearly defined , and should not impose unreasonable and disproportionate burdens on natural gas undertakings . they should also guarantee equal access for the union natural gas undertakings to national customers . ### this regulation lays down security of gas supply standards that are sufficiently harmonised and cover at least the situation that occurred in january 2009 when gas supply from russia was disrupted . those standards take account of the difference between member states , public service obligations and customer protection measures , as referred to in article 3 of directive 2009 / 73 / ec . security of supply standards should be stable , so as to provide the necessary legal certainty , should be clearly defined , and should not impose unreasonable and disproportionate burdens on natural gas undertakings . they should also guarantee equal access for the union natural gas undertakings to national customers .


### as long as the supply to households , essential social services and district heating installations in the member state having declared the emergency is not satisfied , despite the application of the measure in paragraph 1 , the gas supply to customers other than households , essential social services and district heating installations in any other member state , directly connected to the member state which declared the emergency , shall not continue to the extent necessary to supply the households , essential social services and district heating installations in the member states having declared the emergency . ### as long as the supply to households , essential social services and district heating installations in the member state having declared the emergency is not satisfied , despite the application of the measure in paragraph 1 , the gas supply to customers other than households , essential social services and district heating installations in any other member state , directly connected to the member state which declared the emergency , shall be reduced to the extent reflecting the maximum capability to the affected connected member state as necessary to supply the households , essential social services and district heating installations in the member states having declared the emergency .


### when conducting a comprehensive risk assessment to be prepared at regional level , competent authorities should assess natural , technological , commercial , financial , social , political and market - related risks , and any other relevant ones , including , where appropriate , the disruption of the supplies from the single largest supplier . all risks should be addressed by effective , proportionate and non - discriminatory measures to be developed in the preventive action plan and the emergency plan . the results of the risk assessments should also contribute to the all hazard risk assessments foreseen under article 6 of decision no 1313 / 2013 / eu18 . __________________ 18 decision no 1313 / 2013 / eu of the european parliament and of the council of 17 december 2013 on a union civil protection mechanism . ### when conducting a comprehensive risk assessment to be prepared at regional level , competent authorities should assess natural , technological , infrastructural , commercial , financial , social , political , market - related , and any other relevant risks , including , where appropriate , disruption of supplies from dominant suppliers . all risks should be addressed by effective , proportionate and non - discriminatory measures to be developed in preventive action plan and emergency plan . the results of the risk assessments should also contribute to the all risk assessments provided for in article 6 of decision no 1313 / 2013 / eu of the european parliament and of the council18 . __________________ 18 decision no 1313 / 2013 / eu of the european parliament and of the council of 17 december 2013 on a union civil protection mechanism .


### to provide input to the risk assessments , the european network of transmission system operators for gas , in consultation with the gas coordination group and with the european network of transmission system operators for electricity , should carry out union - wide simulations similar to the stress test conducted in 2014 . ### to provide input to the risk assessments , the european network of transmission system operators for gas , after consulting the gas coordination group and the european network of transmission system operators for electricity , should carry out union - wide simulations similar to the stress test conducted in 2014 . such simulations should be updated at least every two years . as a means of strengthening regional cooperation by providing information about gas flows as well as providing technical and operational expertise , the regional coordination system for gas , established by the entso for gas and composed of standing expert groups , should be involved in carrying out simulations .


### low calorific gas is supplied in certain regions in the union . given its characteristics , it cannot be used in appliances designed for high calorific gas . it is , however , possible to use high calorific gas in appliances designed for low calorific gas , provided that it has been converted into low calorific gas , for instance by adding nitrogen . the specific characteristics of low calorific gas should be considered at national and regional levels and should be taken into account in the risk assessment and the preventive action and emergency plans . ### low calorific gas is supplied in certain regions in the union . its characteristics prevent it from being used in appliances designed for high calorific gas . it is , however , possible to use high calorific gas in appliances designed for low calorific gas , provided that it has been converted into low calorific gas , for instance by adding nitrogen . the specific characteristics of low calorific gas should be considered at national and regional levels and should be taken into account in the risk assessment and the preventive action and emergency plans .


### the competent authorities of each region as listed in annex i shall jointly make an assessment at regional level of all risks affecting the security of gas supply . the assessment shall take into account all relevant risks such as natural disasters , technological , commercial , social , political and other risks . the risk assessment shall be carried out by : ### each competent authority shall make an assessment of all risks affecting the security of gas supply . the assessment shall take into account relevant risks such as natural disasters , technological , commercial , social , political and other risks . the risk assessment shall be carried out by :


### the commission shall issue an opinion to the competent authorities of the region with the recommendation to review the relevant preventive action plan or emergency plan if the plan is considered to contain one of the following elements : ### the commission shall issue an opinion to the competent authorities of the region with the recommendation to review the relevant preventive action plan or emergency plan if it considers that the plan :


### as demonstrated by the october 2014 stress test , solidarity is needed to ensure security of supply across the union and to keep overall costs to a minimum . if an emergency is declared in any member state , a two - step approach should be applied to strengthen solidarity . firstly , all member states which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid . secondly , if the first step fails to provide the necessary supply , further measures by neighbouring member states , even if not in an emergency situation , should be triggered to ensure the supply to households , essential social services and district heating installations in the member state experiencing the emergency . member states should identify and describe the details of these solidarity measures in their emergency plans , ensuring fair and equitable compensation of the natural gas undertakings . ### as demonstrated by the october 2014 stress test , solidarity is needed to ensure security of supply across the union and to keep overall costs to a minimum . if an emergency is declared in any member state , a two - step approach should be applied to strengthen solidarity . all member states which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid . if the first step fails to provide the necessary supply , further measures by neighbouring member states , even if not in an emergency situation , should be taken to ensure the supply to households , essential social services and district heating installations in the member state experiencing the emergency . member states should identify and describe the details of these solidarity measures in their emergency plans , ensuring fair and equitable compensation for the natural gas undertakings .


### within the agreed cooperation mechanism each competent authority shall share and update one year before the deadline for the notification of the risk assessment all necessary national data necessary for the preparation of the risk assessment , notably for running the various scenarios referred to in point of paragraph 1 . ### within the agreed cooperation mechanism each competent authority shall share and update one year before the deadline for the notification of the risk assessment all necessary national data necessary for the preparation of the risk assessment , in particular for running the various scenarios referred to in point of paragraph 1 .


### in order to make the regional cooperation feasible , member states should establish a cooperation mechanism within each region . such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans at regional level . member states are free to agree on a cooperation mechanism best suited for a given region . the commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role within the region for the preparation of the different documents or establishing dedicated bodies . in absence of an agreement on the cooperation mechanism , the commission may propose a suitable cooperation mechanism for a given region . ### in order to make the regional cooperation feasible , member states directly connected , or in certain cases indirectly via a non - eu member state , should establish a cooperation mechanism . such mechanism or mechanisms should be developed sufficiently in time to allow for conducting the risk assessment and drawing up meaningful plans . member states are free to agree on a cooperation mechanism . the commission should have a facilitating role in the overall process and share best practises for arranging regional cooperation such as a rotating coordination role for the preparation of the different documents or establishing dedicated bodies . in absence of an agreement on the cooperation mechanism , the commission may propose a suitable cooperation mechanism for connected member states .


### this regulation aims to ensure that all the necessary measures are taken to safeguard an uninterrupted supply of gas throughout the union , in particular to protected customers in the event of difficult climatic conditions or disruptions of the gas supply . these objectives should be achieved through the most cost - effective measures and in such a way that energy markets are not distorted . ### this regulation aims to ensure that all the necessary measures are taken to safeguard an uninterrupted supply of gas throughout the union , in particular to protected customers in the event of difficult climatic conditions or disruptions of gas supply . this should be achieved through cost - effective measures , in a way that energy markets are not distorted , in accordance with article 194 of the treaty on european union and with the goals of the energy union strategy relating to the security and diversification .


### paragraph 2 shall apply as of 1 march 2019 . ### paragraph 2 shall apply as of 1 october 2018 .


### where the commission considers that the gas supply in a region or the union as whole is affected or is likely to be affected it may require the competent authorities to collect and submit to the commission information necessary to assess the situation of the gas supply in the union . the commission may share its assessment with the gas coordination group . ### where a member state has declared the emergency crisis level in accordance with article 10 , the commission may require the competent authorities to collect and submit to the commission information referred to in paragraph 1 to assess the situation of the gas supply in the union . the commission may share its assessment with the gas coordination group .


### since gas supplies from third countries are central to the security of the union gas supply , the commission should coordinate action with regard to third countries , work with supplying and transit countries on arrangements to handle crisis situations and ensure a stable gas flow to the union . the commission should be entitled to deploy a task force to monitor gas flows into the union in crisis situations , in consultation with the third countries involved , and , where a crisis arises from difficulties in a third country , to act as mediator and facilitator . ### since gas supplies from third countries are central to the security of the union gas supply , the commission should coordinate action with regard to third countries , work with supplying and transit countries on arrangements to handle crisis situations and ensure a stable gas flow to the union . the commission should be entitled and prepared to deploy a task force to monitor gas flows into the union in crisis situations , after consulting the third countries involved , and , where a crisis arises , to act as mediator and facilitator . the union should also be able to act preventively before the declaration of a crisis .


### regulation no 994 / 2010 requires transmission system operators to enable permanent bi - directional capacity on all cross - border interconnections unless an exemption has been granted from this obligation . it aims to ensure that the possible benefits of permanent bi - directional capacity are always taken into account when a new interconnector is planned . however , bi - directional capacity can be used to supply gas both to the neighbouring member state and to others along the gas supply corridor . the benefits for security of supply of enabling permanent bi - directional capacity thus need to be seen in a broader perspective , in a spirit of solidarity and enhanced cooperation . a cost - benefit analysis that takes account of the whole transportation corridor should therefore be conducted when considering whether to implement bi - directional capacity . the competent authorities should accordingly be required to re - examine the exemptions granted under regulation 994 / 2010 on the basis of the results of the regional risk assessments . ### regulation no 994 / 2010 requires transmission system operators to enable permanent bi - directional capacity on all cross - border interconnections unless an exemption has been granted from this obligation . it aims to ensure that the possible benefits of permanent bi - directional capacity are always taken into account when a new interconnector is planned . however , bi - directional capacity can be used to supply gas both to the neighbouring member state and to others along the gas supply corridor . the benefits to the security of gas supply of enabling permanent bi - directional capacity need to be seen from a broader perspective , in a spirit of solidarity and enhanced cooperation . a cost - benefit analysis that takes account of the whole transportation corridor should be conducted when considering whether to implement bi - directional capacity . the competent authorities should be required to re - examine the exemptions granted under regulation no 994 / 2010 on the basis of the results of regional risk assessments .


### the financial assistance of the union under the programme should not exceed 20% of the total eligible cost of the action when it relates to prototyping which is often the most costly action in the development phase . the totality of the eligible costs should however be covered for other actions in the development phase . ### the financial assistance of the union under the programme should not exceed 20% of the total cost of the actions related to prototyping . the totality of the eligible costs should however be covered for other actions in the development phase .


### the amount for the implementation of the programme for the period 2019 - 2020 is set at eur 500 million in current prices . ### the amount for the implementation of the programme for the period 2019 - 2020 is set at eur 500 million in current prices , to be drawn exclusively from the unallocated margins under the 2014 - 2020 multiannual financial framework ceilings . these margins should not be created by artificially reducing well running programs , such as horizon2020 or erasmus .


### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies . ### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification , protection of intellectual property , as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies .


### as the union support aims at enhancing the competitiveness of the sector and concerns only the specific development phase , the commission should not have ownership or intellectual property rights over the products or technologies resulting from the funded actions . the applicable intellectual property rights regime will be defined contractually by the beneficiaries . ### as the union support aims at enhancing the competitiveness of the sector and concerns only the specific development phase , the commission should not have ownership or intellectual property rights over the products or technologies resulting from the funded actions . the applicable intellectual property rights regime will be defined contractually by the beneficiaries in accordance with national law .


### the work programme shall set out in detail the categories of projects to be funded under the programme ; ### the work programme shall set out in detail the categories of projects , eligibility of activities , eligibility of expenditure and eligibility of the applicants and their partners in projects to be funded under the programme .


### for the calculation of the numerator , the energy content of advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , renewable liquid and gaseous transport fuels of non - biological origin , waste based fossil fuels supplied to all transport sectors , and renewable electricity supplied to road vehicles , shall be taken into account . ### for the calculation of the numerator , the energy content of advanced biofuels and other biofuels and biogas , renewable liquid and gaseous transport fuels of non - biological origin , waste based fossil fuels supplied to all transport sectors , and renewable electricity supplied to road vehicles , shall be taken into account .


### by 31 december 2023 , the commission shall assess whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address lulucf requirements , on the basis of available data . the commission shall , if appropriate , present a proposal to modify the requirements laid down in paragraphs 5 and 6 . ### by 31 december 2026 , the commission shall , in close collaboration with the member states , assess whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address lulucf requirements , on the basis of available data . the commission shall , if appropriate , present a proposal to modify the requirements laid down in paragraphs 5 and 6 for the period post 2030 .


### when evidence referred to in the first subparagraph is not available , the biofuels , bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points , and of paragraph 1 if management systems are in place at forest holding level to ensure that carbon stocks and sinks levels in the forest are maintained . ### when evidence referred to in the first subparagraph is not available , the biofuels , bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points , and of paragraph 1 if appropriate control systems are in place at the supply base level to ensure that carbon stocks and sinks levels in the forest are maintained .


### when evidence referred to in the first subparagraph is not available , the biofuels , bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points , and of paragraph 1 if management systems are in place at forest holding level to ensure that carbon stocks and sinks levels in the forest are maintained . ### when evidence referred to in the first subparagraph is not available , the biofuels , bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points , and of paragraph 1 if management systems are in place at supply base level to ensure that carbon stocks and sinks levels in the forest are maintained .


### in order to ensure that annex ix takes into account the principles of the waste hierarchy established in directive 2008 / 98 / ec of the european parliament and of the council17 , the union sustainability criteria , and the need to ensure that the annex does not create additional demand for land while promoting the use of wastes and residues , the commission , when regularly evaluating the annex , should consider the inclusion of additional feedstocks that do not cause significant distortive effects on markets for products , wastes or residues . __________________ 17 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . ### in order to ensure that annex ix takes into account the principles of the circular economy , the waste hierarchy established in directive 2008 / 98 / ec of the european parliament and of the council17 , the union sustainability criteria , a lifecycle assessment of emissions and the need to ensure that the annex does not create additional demand for land while promoting the use of wastes and residues , the commission should regularly evaluate the annex and consider the effects on markets for products , wastes or residues in any amendment of it . __________________ 17 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives .


### ‘ non - food cellulosic material’ means feedstocks mainly composed of cellulose and hemicellulose , and having a lower lignin content than ligno - cellulosic material ; it includes food and feed crop residues , grassy energy crops with a low starch content , industrial residues , and material from biowaste ; ### ‘ non - food cellulosic material’ means feedstocks mainly composed of cellulose and hemicellulose , and having a lower lignin content than ligno - cellulosic material ; it includes food and feed crop residues , grassy energy crops with a low starch content and cover crops before and after main crops , industrial residues , and material from biowaste ;


### for the calculation of a member state ' s gross final consumption of energy from renewable energy sources , the contribution from biofuels and bioliquids , as well as from biomass fuels consumed in transport , if produced from food or feed crops , shall be no more than 7 % of final consumption of energy in road and rail transport in that member state . this limit shall be reduced to 3 , 8 % in 2030 following the trajectory set out in part a of annex x . member states may set a lower limit and may distinguish between different types of biofuels , bioliquids and biomass fuels produced from food and feed crops , for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops , taking into account indirect land use change . ### for the calculation of a member state ' s gross final consumption of energy from renewable energy sources , the contribution from biofuels and bioliquids , as well as from biomass fuels consumed in transport , if produced from cereals and other starch - rich crops , sugar plants , oil plants and plants grown as main crops primarily for energy purposes on agricultural land , shall be no more than 7 % of final consumption of energy in road and rail transport in that member state . member states may set a lower limit and may distinguish between different types of biofuels , bioliquids and biomass fuels produced from food and feed crops , for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops , taking into account indirect land use change .


### the commission is empowered to adopt delegated acts in accordance with article 32 to amend the list of feedstocks in parts a and b of annex ix in order to add feedstocks , but not to remove them . each delegated act shall be based on an analysis of the latest scientific and technical progress , taking due account of the principles of the waste hierarchy established in directive 2008 / 98 / ec , in compliance with the union sustainability criteria , supporting the conclusion that the feedstock in question does not create an additional demand for land and promoting the use of wastes and residues , while avoiding significant distortive effects on markets for products , wastes or residues , delivering substantial greenhouse gas emission savings compared to fossil fuels , and not creating risk of negative impacts on the environment and biodiversity . ### the commission is empowered to adopt delegated acts in accordance with article 32 to amend the list of feedstocks in parts a and b of annex ix . each delegated act shall be based on an analysis of the latest scientific and technical progress , taking due account of the principles of the circular economy , the waste hierarchy established in directive 2008 / 98 / ec , in compliance with the union sustainability criteria , supporting the conclusion that the feedstock in question does not create an additional demand for land and promoting the use of wastes and residues , while avoiding significant distortive effects on markets for products , wastes or residues , delivering substantial greenhouse gas emission savings compared to fossil fuels based on a lifecycle assessment of emissions , and not creating risk of negative impacts on the environment and biodiversity .


### when electricity is used for the production of renewable liquid and gaseous transport fuels of non - biological origin , either directly or for the production of intermediate products , either the average share of electricity from renewable energy sources in the union or the share of electricity from renewable energy sources in the country of production , as measured two years before the year in question , may be used to determine the share of renewable energy . in both cases , an equivalent amount of guarantees of origin issued in accordance with article 19 shall be cancelled . ### when electricity is used for the production of renewable liquid and gaseous transport fuels of non - biological origin , either directly or for the production of intermediate products , the share of electricity from renewable energy sources shall be determined according to the amount of cancelled guarantees of origin of renewable electricity , issued in accordance with article 19 .


### however , biofuels , bioliquids and biomass fuels produced from waste and residues , other than agricultural , aquaculture , fisheries and forestry residues , need only fulfil the greenhouse gas emissions saving criteria set out in paragraph 7 in order to be taken into account for the purposes referred to in points , and of this paragraph . this provision shall also apply to waste and residues that are first processed into a product before being further processed into biofuels , bioliquids and biomass fuels . ### however , biofuels , bioliquids and biomass fuels produced from forest biomass from thinnings and biodiversity enhancing management activities , waste and residues , other than agricultural , aquaculture , fisheries and forestry residues , need only fulfil the greenhouse gas emissions saving criteria set out in paragraph 7 in order to be taken into account for the purposes referred to in points , and of this paragraph . this provision shall also apply to waste and residues that are first processed into a product before being further processed into biofuels , bioliquids and biomass fuels .


### the commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of article 26 , and / or demonstrate that consignments of biofuels , bioliquids or biomass fuels comply with the sustainability criteria set out in article 26 , , , and , and / or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under annex ix . when demonstrating that requirements set out in article 26 and for forest biomass are met , the operators may decide to directly provide the required evidence at the forest holding level . the commission may also recognise areas for the protection of rare , threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the international union for the conservation of nature for the purposes of article 26 . ### the commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of article 26 , and / or demonstrate that consignments of biofuels , bioliquids or biomass fuels comply with the sustainability criteria set out in article 26 , , , and , and / or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under annex ix . when demonstrating that requirements set out in article 26 and for forest biomass are met , the operators may decide to directly provide the required evidence at the supply base level . the commission may also recognise areas for the protection of rare , threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the international union for the conservation of nature for the purposes of article 26 .


### with effect from 1 january 2021 , member states shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , from renewable liquid and gaseous transport fuels of non - biological origin , from waste - based fossil fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year . ### with effect from 1 january 2021 , member states shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , from renewable liquid and gaseous transport fuels of non - biological origin and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year .


### for the calculation of the numerator , the energy content of advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , renewable liquid and gaseous transport fuels of non - biological origin , waste based fossil fuels supplied to all transport sectors , and renewable electricity supplied to road vehicles , shall be taken into account . ### for the calculation of the numerator , the energy content of advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , renewable liquid and gaseous transport fuels of non - biological origin , from low carbon fuels , which are generated as an unavoidable and not intentional consequence of the manufacturing or production of products whose intended purpose is commercial use and / or sale , supplied to all transport sectors , and renewable electricity supplied to road vehicles , shall be taken into account .


### the promotion of low carbon fossil fuels that are produced from fossil waste streams can also contribute towards the policy objectives of energy diversification and transport decarbonisation . it is therefore appropriate to include those fuels in the incorporation obligation on fuel suppliers . ### the promotion of low carbon fossil fuels that are produced from gaseous waste streams can also contribute towards the policy objectives of energy diversification and transport decarbonisation . it would therefore be appropriate to develop a methodology on their possible contribution towards the aims of this directive and the union decarbonisation policy objectives at large .


### biomass fuels should be converted into electricity and heat in an efficient way in order to maximise energy security and greenhouse gas savings , as well as to limit emissions of air pollutants and minimise the pressure on limited biomass resources . for this reason , public support to installations with a fuel capacity equal to or exceeding 20 mw , if needed , should only be given to highly efficient combined power and heat installations as defined article 2 of directive 2012 / 27 / eu . existing support schemes for biomass - based electricity should however be allowed until their due end date for all biomass installations . in addition electricity produced from biomass in new installations with a fuel capacity equal to or exceeding 20 mw should only count towards renewable energy targets and obligations in the case of highly efficient combined power and heat installations . in accordance with state aid rules , member states should however be allowed to grant public support for the production of renewables to installations , and count the electricity they produce towards renewable energy targets and obligations , in order to avoid an increased reliance on fossil fuels with higher climate and environmental impacts where , after exhausting all technical and economic possibilities to install highly efficient combined heat and power biomass installations , member states would face a substantiated risk to security of supply of electricity . ### biomass fuels should be converted into electricity and heat in an efficient way in order to maximise energy security and greenhouse gas savings , as well as to limit emissions of air pollutants and minimise the pressure on limited biomass resources . for this reason , public support to installations with a fuel capacity equal to or exceeding 20 mw , if needed , should only be given to highly efficient combined power and heat installations as defined article 2 of directive 2012 / 27 / eu . existing support schemes for biomass - based electricity should however be allowed until their due end date for all biomass installations . in addition electricity produced from biomass in new installations with a fuel capacity equal to or exceeding 20 mw should only count towards renewable energy targets and obligations in the case of highly efficient combined power and heat installations . in accordance with state aid rules , member states should however be allowed to grant public support for the production of renewables to installations , and count the electricity they produce towards renewable energy targets and obligations , in order to avoid an increased reliance on fossil fuels with higher climate and environmental impacts where , after exhausting all technical and economic possibilities to install highly efficient combined heat and power biomass installations , member states would face a substantiated risk to security of supply of electricity . in particular , support for installations producing renewable energy from biomass in outermost regions heavily dependent on energy imports should be strengthened , provided that strict sustainability criteria are met for the production of such renewable energy , adapted to the specific features of these regions .


### for the calculation of a member state’s gross final consumption of energy from renewable energy sources , the contribution from biofuels and bioliquids , as well as from biomass fuels consumed in transport , if produced from food or feed crops , shall be no more than 7% of final consumption of energy in road and rail transport in that member state . this limit shall be reduced to 3 , 8% in 2030 following the trajectory set out in part a of annex x . member states may set a lower limit and may distinguish between different types of biofuels , bioliquids and biomass fuels produced from food and feed crops , for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops , taking into account indirect land use change . ### from 1 january 2021 , for the calculation of a member state’s gross final consumption of energy from renewable energy sources , member states may set a limit for the contribution from biofuels and bioliquids produced from food or feed crops , as well as from biomass fuels consumed in transport in that member state , in accordance with article 3 . member states may set a lower limit and may distinguish between different types of biofuels , bioliquids and biomass fuels produced from food and feed crops , for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops , taking into account indirect land use change


### for the calculation of a member state’s gross final consumption of energy from renewable energy sources , the contribution from biofuels and bioliquids , as well as from biomass fuels consumed in transport , if produced from food or feed crops , shall be no more than 7% of final consumption of energy in road and rail transport in that member state . this limit shall be reduced to 3 , 8% in 2030 following the trajectory set out in part a of annex x . member states may set a lower limit and may distinguish between different types of biofuels , bioliquids and biomass fuels produced from food and feed crops , for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops , taking into account indirect land use change . ### for the calculation of a member state’s gross final consumption of energy from renewable energy sources , the contribution from biofuels and bioliquids , as well as from biomass fuels consumed in transport , if produced from food or feed crops , shall be no more than 7% of final consumption of energy in transport in that member state .


### the commission is empowered to adopt delegated acts in accordance with article 32 to further specify the methodology referred to in paragraph 3 of this article to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process , to specify the methodology for assessing greenhouse gas emission savings from renewable liquid and gaseous transport fuels of non - biological origin and waste - based fossil fuels and to determine minimum greenhouse gas emission savings required for these fuels for the purpose of paragraph 1 of this article . ### the commission is empowered to adopt delegated acts in accordance with article 32 to further specify the methodology referred to in paragraph 3 of this article to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process , to specify the methodology for assessing greenhouse gas emission savings from renewable liquid and gaseous transport fuels of non - biological origin and to determine minimum greenhouse gas emission savings required for these fuels for the purpose of paragraph 1 of this article .


### by 31 december 2023 , the commission shall assess whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address lulucf requirements , on the basis of available data . the commission shall , if appropriate , present a proposal to modify the requirements laid down in paragraphs 5 and 6 . ### by 31 december 2026 , the commission shall , in close collaboration with the member states , assess whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address lulucf requirements , on the basis of available data . the commission shall , if appropriate , present a proposal to modify the requirements laid down in paragraphs 5 and 6 for the period post 2030 .


### the minimum share shall be at least equal to 1 . 5% in 2021 , increasing up to at least 6 . 8% in 2030 , following the trajectory set out in part b of annex x . within this total share , the contribution of advanced biofuels and biogas produced from feedstock listed in part a of annex ix shall be at least 0 . 5% of the transport fuels supplied for consumption or use on the market as of 1 january 2021 , increasing up to at least 3 . 6% by 2030 , following the trajectory set out in part c of annex x . ### the minimum share shall be at least equal to 1 . 5% in 2021 , increasing up to at least 9 % in 2030 , following the trajectory set out in part b of annex x . within this total share , the contribution of advanced biofuels , other biofuels and biogas produced from feedstock listed in annex ix shall be at least 1 , 5 % of the transport fuels supplied for consumption or use on the market as of 1 january 2021 , increasing up to at least 5 , 3 % by 2030 , following the trajectory set out in part c of annex x .


### to determine the share of renewable electricity for the purposes of paragraph 1 either the average share of electricity from renewable energy sources in the union or the share of electricity from renewable energy sources in the member state where the electricity is supplied , as measured two years before the year in question may be used . in both cases , an equivalent amount of guarantees of origin issued in accordance with article 19 shall be cancelled . ### to determine the share of renewable electricity for the purposes of paragraph 1 the share of electricity from renewable energy sources in the member state where the electricity is supplied , as measured two years before the year in question shall be used . however , electricity obtained from direct connection to an installation generating renewable electricity that is not connected to the grid may be fully counted as renewable electricity . an equivalent amount of guarantees of origin issued in accordance with article 19 shall be cancelled .


### biomass fuels shall have to fulfil the sustainability and greenhouse gas emissions saving criteria set out in paragraphs 2 to 7 only if used in installations producing electricity , heating and cooling or fuels with a fuel capacity equal to or exceeding 20 mw in case of solid biomass fuels and with an electrical capacity equal to or exceeding 0 . 5 mw in case of gaseous biomass fuels . member states may apply the sustainability and greenhouse gas emission saving criteria to installations with lower fuel capacity . ### biomass fuels shall fulfil the sustainability and greenhouse gas emissions saving criteria set out in paragraphs 2 to 7 only if used in installations starting operation after 3 years from the date of the entry into force of this directive producing electricity , heating and cooling or fuels with a fuel capacity equal to or exceeding 20 mw in case of solid biomass fuels and with an electrical capacity equal to or exceeding 0 . 5 mw in case of gaseous biomass fuels . member states may apply the sustainability and greenhouse gas emission saving criteria to installations with lower fuel capacity .


### with effect from 1 january 2021 , member states shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , from renewable liquid and gaseous transport fuels of non - biological origin , from waste - based fossil fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year . ### with effect from 1 january 2021 , member states shall set the fuel incorporation obligation and shall increase gradually the share of renewable energy from conventional biofuels , as well as advanced and other biofuels and biogas produced from feedstock listed in annex ix , from renewable liquid and gaseous transport fuels of non - biological origin , from waste - based fossil fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year .


### the european strategy for a low - carbon mobility of july 2016 pointed out that food - based biofuels have a limited role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuels . to prepare for the transition towards advanced biofuels and minimise the overall indirect land - use change impacts , it is appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the union target set out in this directive . ### the european strategy for a low - carbon mobility of july 2016 pointed out that food - based biofuels have a limited role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuels . to minimise the overall indirect land - use change impacts , it is appropriate to set a ceiling for the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the union target set out in this directive .


### for the calculation of a member state’s gross final consumption of energy from renewable energy sources , the contribution from biofuels and bioliquids , as well as from biomass fuels consumed in transport , if produced from food or feed crops , shall be no more than 7% of final consumption of energy in road and rail transport in that member state . this limit shall be reduced to 3 , 8% in 2030 following the trajectory set out in part a of annex x . member states may set a lower limit and may distinguish between different types of biofuels , bioliquids and biomass fuels produced from food and feed crops , for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops , taking into account indirect land use change . ### for the calculation of a member state’s gross final consumption of energy from renewable energy sources , the contribution from biofuels and bioliquids , as well as from biomass fuels consumed in transport , if produced from food or feed crops , shall be no more than 7% of final consumption of energy in road and rail transport in that member state . member states may set a lower limit for the contribution from biofuels produced from oil crops , taking into account indirect land use change .


### it is appropriate to introduce union - wide sustainability and greenhouse gas emission saving criteria for biomass fuels used in the electricity and heating and cooling generation , in order to continue to ensure high greenhouse gas savings compared to fossil fuel alternatives , to avoid unintended sustainability impacts , and to promote the internal market . ### it is appropriate to introduce union - wide sustainability and greenhouse gas emission saving criteria for biomass fuels used in the electricity and heating and cooling generation , in order to continue to ensure high greenhouse gas savings compared to fossil fuel alternatives , to avoid unintended sustainability impacts , and to promote the internal market . without prejudice to the strict respect of primary resources with high environmental value , the outermost regions should be able to use the potential of their resources in order to increase the production of renewable energies and their energy independence .


### in order to ensure that annex ix takes into account the principles of the waste hierarchy established in directive 2008 / 98 / ec of the european parliament and of the council17 , the union sustainability criteria , and the need to ensure that the annex does not create additional demand for land while promoting the use of wastes and residues , the commission , when regularly evaluating the annex , should consider the inclusion of additional feedstocks that do not cause significant distortive effects on markets for products , wastes or residues . __________________ 17 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . ### in order to ensure that annex ix takes into account the principles of the circular economy , the waste hierarchy established in directive 2008 / 98 / ec of the european parliament and of the council17 , the union sustainability criteria , a lifecycle assessment of emissions and the need to ensure that the annex does not create additional demand for land while promoting the use of wastes and residues , the commission should regularly evaluate the annex and consider the effects on markets for products , wastes or residues in any amendment of it . __________________ 17 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives .


### the minimum share shall be at least equal to 1 . 5% in 2021 , increasing up to at least 6 . 8% in 2030 , following the trajectory set out in part b of annex x . within this total share , the contribution of advanced biofuels and biogas produced from feedstock listed in part a of annex ix shall be at least 0 . 5% of the transport fuels supplied for consumption or use on the market as of 1 january 2021 , increasing up to at least 3 . 6% by 2030 , following the trajectory set out in part c of annex x . ### the minimum share may be equal to 1 . 5% in 2021 . within this total share , the contribution of advanced biofuels and biogas produced from feedstock listed in part a of annex ix may be 0 . 25% of the transport fuels supplied for consumption or use on the market as of 1 january 2021 .


### at least 70 % for biofuels and bioliquids produced in installations starting operation after 1 january 2021 ; ### at least 65 % for biofuels and bioliquids produced in installations starting operation after 1 january 2021 ;


### emission saving from carbon capture and replacement , eccr , shall be related directly to the production of biofuel or bioliquid they are attributed to , and shall be limited to emissions avoided through the capture of co2 of which the carbon originates from biomass and which is used in the energy or transport sector . ### emission saving from carbon capture and replacement , eccr , shall be limited to emissions avoided through the capture of co2 of which the carbon originates from biomass and which is used to replace fossil - derived co2 used in commercial products and services .


### emission saving from carbon capture and replacement , eccr , shall be related directly to the production of biomass fuel they are attributed to , and shall be limited to emissions avoided through the capture of co2 of which the carbon originates from biomass and which is used to replace fossil - derived co2 used in the energy or transport sector . ### emission saving from carbon capture and replacement , eccr , shall be limited to emissions avoided through the capture of co2 of which the carbon originates from biomass and which is used to replace fossil - derived co2 used in commercial products and services .


### ‘ biofuels’ means liquid fuel for transport produced from biomass ; ### ‘ biofuels’ means liquid or gaseous fuel for transport produced from biomass ;


### at least 80 % for electricity , heating and cooling production from biomass fuels used in installations starting operation after 1 january 2021 and 85 % for installations starting operation after 1 january 2026 . ### at least 80 % for electricity , heating and cooling production from biomass fuels , other than biogas injected into the gas grid , used in installations starting operation after 1 january 2021 . the commission shall assess , in view of the state of technology , the possibility of integrating a threshold of at least 85 % for installations starting operation after 1 january 2026 . the commission shall , where appropriate , propose a revision of this paragraph by means of a delegated act .


### advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , renewable liquid and gaseous transport fuels of non - biological origin , and renewable electricity in transport can contribute to low carbon emissions , stimulating the decarbonisation of the union transport sector in a cost - effective manner , and improving inter alia energy diversification in the transport sector while promoting innovation , growth and jobs in the union economy and reducing reliance on energy imports . the incorporation obligation on fuels suppliers should encourage continuous development of advanced fuels , including biofuels , and it is important to ensure that the incorporation obligation also incentivises improvements in the greenhouse gas performance of the fuels supplied to meet it . the commission should assess the greenhouse gas performance , technical innovation and sustainability of those fuels . ### together with crop - based biofuels , advanced biofuels and other biofuels and biogas produced from feedstock listed in annex ix , renewable liquid and gaseous transport fuels of non - biological origin , and renewable electricity in transport can contribute to low carbon emissions , stimulating the decarbonisation of the union transport sector in a cost - effective manner , and improving inter alia energy diversification in the transport sector while promoting innovation , growth and jobs in the union economy and reducing reliance on energy imports . the inclusion of those energy sources in the overall incorporation obligation of 15 % on fuels suppliers should encourage continuous development of advanced fuels , including biofuels , and it is important to ensure that the incorporation obligation also incentivises improvements in the greenhouse gas performance of the fuels supplied to meet it . the commission should assess the greenhouse gas performance , technical innovation and sustainability of those fuels .


### for the calculation of a member state’s gross final consumption of energy from renewable energy sources , the contribution from biofuels and bioliquids , as well as from biomass fuels consumed in transport , if produced from food or feed crops , shall be no more than 7% of final consumption of energy in road and rail transport in that member state . this limit shall be reduced to 3 , 8% in 2030 following the trajectory set out in part a of annex x . member states may set a lower limit and may distinguish between different types of biofuels , bioliquids and biomass fuels produced from food and feed crops , for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops , taking into account indirect land use change . ### from 1 january 2021 , for the calculation of a member state’s gross final consumption of energy from renewable energy sources , member states may set a limit for the contribution from biofuels and bioliquids produced from food or feed crops , as well as from biomass fuels consumed in transport in that member state , in accordance with article 3 . member states may set a lower limit and may distinguish between different types of biofuels , bioliquids and biomass fuels produced from food and feed crops , for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops , taking into account indirect land use change


### the specific situation of the outermost regions is recognised in article 349 of the treaty on the functioning of the european union . the energy sector in the outermost regions is often characterised by isolation , limited supply and dependence on fossil fuels while these regions benefit from important local renewable sources of energy . the outermost regions could thus serve as examples of the application of innovative energy technologies for the union . it is therefore necessary to promote the uptake of renewable energy in order to achieve a higher degree of energy autonomy for those regions and recognise their specific situation in terms of renewable energy potential and public support needs . ### the specific situation of the outermost regions is recognised in article 349 of the treaty on the functioning of the european union . the energy sector in the outermost regions is often characterised by isolation , limited and more expensive supply and dependence on fossil fuels while these regions benefit from important local renewable sources of energy , in particular biomass . the outermost regions could thus serve as examples of the application of innovative energy technologies for the union . it is therefore necessary to adjust the renewable energy strategy in order to achieve a higher degree of energy autonomy for those regions , strengthen security of supply and recognise their specific situation in terms of renewable energy potential and public support needs . on the other hand , the outermost regions should be able to use the full potential of their resources , in accordance with the criteria of strict sustainability and in line with local conditions , in order to increase the production of renewable energies and strengthen their energy independence .


### saving = – e b / e f ) ### saving = – e b ) / e f


### the european strategy for a low - carbon mobility of july 2016 pointed out that food - based biofuels have a limited role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuels . to prepare for the transition towards advanced biofuels and minimise the overall indirect land - use change impacts , it is appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the union target set out in this directive . ### the european strategy for a low - carbon mobility of july 2016 pointed out that foodbased biofuels have a limited role in decarbonising the transport sector . in order to foster the uptake of advanced biofuels and ensure investors ' confidence in the consistency of union policies , it is appropriate to maintain at 7 % the share of biofuels and bioliquids produced from food and feed crops in the final consumption of energy in road and rail transport that can be counted towards the union target set out in this directive .


### member states shall ensure that support for renewable electricity is granted in an open , transparent , competitive , non - discriminatory and cost - effective manner . ### member states shall ensure that support for renewable electricity is granted in an open , transparent , competitive , non - discriminatory and cost - effective manner . this support can include technology - specific tender procedures .


### at least 80 % for electricity , heating and cooling production from biomass fuels used in installations starting operation after 1 january 2021 and 85% for installations starting operation after 1 january 2026 . ### at least 80 % for electricity , heating and cooling production from solid biomass fuels used in installations starting operation after 1 january 2021 .


### in order to facilitate the penetration of renewable energy in the heating and cooling sector , each member state shall endeavour to increase the share of renewable energy supplied for heating and cooling by at least 1 percentage point every year , expressed in terms of national share of final energy consumption and calculated according to the methodology set out in article 7 . ### in order to facilitate the penetration of renewable energy in the heating and cooling sector , each member state shall endeavour to increase the share of renewable energy supplied for heating and cooling , expressed in terms of national share of final energy consumption and calculated according to the methodology set out in article 7 . the expected increase rate shall be outlined by member states in their respective contribution to the overall 2030 target in accordance with article 3 of this directive .


### it is thus appropriate to establish a union binding target of at least 27% share of renewable energy . member states should define their contribution to the achievement of this target as part of their integrated national energy and climate plans through the governance process set out in regulation [ governance ] . ### it is thus appropriate to establish a union binding target - range of at least 27% to 33% share of renewable energy . member states should define their contribution to the achievement of this target by setting up their indicative trajectories as part of their integrated national energy and climate plans through the governance process set out in regulation [ governance ] . the commission should assist member states in this process by setting up the indicative benchmarks to ensure the fair contribution of each member state to the target on renewable energy in 2030 .


### the delegation of power referred to in articles 7 , 7 ; 19 , 19 , 25 and 28 ### the delegation of power referred to in articles 7 , 7 ; 19 , 19 , 25 , 26 and 28


### however , electricity obtained from direct connection to an installation generating renewable electricity that comes into operation after or at the same time as the installation producing the renewable liquid and gaseous transport fuel of non - biological origin and is not connected to the grid , can be fully counted as renewable electricity for the production of that renewable liquid and gaseous transport fuel of non - biological origin . ### however , electricity obtained from direct connection to an installation generating renewable electricity exclusively from renewable energy that comes into operation after or at the same time as the installation producing the renewable liquid and gaseous transport fuel of non - biological origin and is not connected to the grid , can be fully counted as renewable electricity for the production of that renewable liquid and gaseous transport fuel of non - biological origin .


### at least 70 % for biofuels and bioliquids produced in installations starting operation after 1 january 2021 ; ### at least 60 % for electricity , heating and cooling production from gaseous biomass fuels injected in the gas grid in installations starting operation after 1 january 2021 ;