Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Amending Regulation (EU)2017/1938 as regards the role of gas storage for securing gas supplies ahead of the winter season
Date: 2025-03-05
Institutions: Directorate-General for Energy, European Commission
Subjects: EU Member State, EU energy policy, consumer protection, gas pipeline, gas supply, natural gas, security of supply, self-sufficiency in energy, storage of hydrocarbons, strategic reserves

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   EUROPEAN COMMISSION  Brussels, 5.3.2025  COM(2025) 99 final 2025/0051 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Amending Regulation (EU)2017/1938 as regards the role of gas storage for securing gas supplies ahead of the winter season  
 
EXPLANATORY MEMORANDUM 

1. 

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CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

a) Security of supply  

The  EU’s  energy-security  challenges  are  mainly  linked  to  its  primary  energy  supply 
dependence on non-EU countries. With the introduction of the European Green Deal, the EU 
has set  out  important  steps it will take to  reduce its dependence on imported fossil fuels  by 
setting ambitious renewables and energy-efficiency targets. However, the 2022 energy crisis 
and  the  energy-price  shock  that  followed  highlighted  the  need  to  do  more  and  take  further 
steps to decrease the EU’s dependency on non-EU sources of primary energy. In particular, 
the  REPowerEU  plan  sets  out  important  steps  to  shield  households  and  businesses  from 
supply shocks by:  (i) strengthening underground storage capacity of gas; (ii) upgrading  and 
extending  liquefied-natural-gas  infrastructure;  and  (iii)  diversifying  both  the  sources  and 
routes of pipeline gas.  

To deliver on these objectives, the extension of some of the measures, mainly the November 
gas storage filling target, adopted previously for a limited period of time, is necessary. At the 
same  time,  market  conditions  have  changed.  With  this  proposal,  and  building  upon  the 
Commission Recommendation adopted today, the Commission aims to ensure energy security 
and  resilience  of  the  European  union  energy  system  while  supporting  Member  States  by 
providing an even higher degree of flexibility on filling trajectories to fulfil filling targets for 
gas  storage  at  their  own  pace,  reducing  system  stress  and  minimizing  the  room  for  market 
distortions.   

b) Role of gas storage, current problems and flexibility 

Gas storage contributes to security of supply by providing additional supply if there is strong 
demand  or  if  supply  is  disrupted.  Storage  supplies  25-30%  of  gas  consumed  in  the  EU  in 
winter. During the heating season, storage reduces the need to import additional gas and helps 
to absorb supply shocks. 

Recognising  this  fact,  and  taking  actions  against  both  the  weaponisation  of  Russian  gas 
supplies and market volatility, the Commission drafted in spring 2022 – and the co-legislators 
quickly approved – amendments to Regulation (EU) 2017/1938 on the security of gas supply 
with  regard  to  gas  storage.1  The  amendments  introduced  a  target  to  ensure  that  gas-storage 
facilities were  90%  full  by 1 November (filling target),  with  a series of  intermediate targets 
for each Member State in February, May, July and September of the year thereafter (filling 
trajectory).  At  the  same  time,  the  amendments  introduced  certification  requirements  for 
storage system operators (SSOs) to improve control over strategic assets and avoid the risk of 
there being insufficient gas in storage ahead of the winter.   

As a consequence of these amendments, the dramatic 2022 scenario of price spikes in gas was 
not  repeated  in  2023  or  2024,  and  the  obligation  to  certify  SSOs  eliminated  the  practice 

1 

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

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(which  occurred  in  2021)  where  some  of  the  third-party  owned  gas-storage  facilities  were 
intentionally filled below capacity or late ahead of the winter months.  

The  European  gas  market  remains  tight.  The  competition  for  global  LNG  supplies  has 
increased and exposure to price volatility is stronger than before. This is evidenced by the gas 
market price development during winter 2024/2025.  

From  the  security  of  supply  perspective,  the  existence  of  a  storage  filling  target  and  filling 
trajectory  fosters  predictability  and  sends  important  signals  to  market  players.  Under  this 
framework, actions undertaken by the EU have improved the situation since 2022. However, 
ultimately, the single most  important  objective is to  strengthen the security of supply of the 
EU  energy  system  in  particular  for  the  winter,  which  translates  into  the  compliance  of 
Member States with the mandatory 1 November target. 

At  the  same  time,  the  overall  framework  to  meet  this  1  November  target  must  be  flexible 
enough  during  the  filling  season  to  allow  a  swift  reaction  to  constantly  changing  market 
conditions and in particular to take advantage of the best purchasing conditions. The purpose 
of intermediary filling targets, agreed upon each year by the Member States, is to ensure that 
the  mandatory  1  November  target  is  met.  However,  these  targets  are  indicative  and  if 
necessary,  can  be  modified  in  such  a  way  that  there  is  maximum  flexibility  available  for 
market  participants  throughout  the  year.  Such  approach  combined  with  better  coordination 
among  Member  States,  guarantees  sufficient  level  of  flexibility  to  fill  storage  at  their  own 
pace, while reducing system stress and avoiding market distortions. 

The  Commission  will  continue  to  closely  monitor  the  filling  of  the  storage  facilities,  and 
through  coordination  and  active  dialogue  with  the  Member  States,  including  via  the  Gas 
Coordination Group, will make sure that potential substantial  and sustained deviations  from 
the filling trajectories do not endanger security of supply and that potential risks are mitigated. 
In addition, the Commission will do a comprehensive assessment as part of the review of the 
security of supply framework to examine the added value of any permanent storage measures 
for security of supply post 2027.   

c) Objective of the proposal   

The amendments in Regulation (EU) 2017/1938 on gas storage are set to expire at the end of 
2025. The continuing  tight  situation in the  global gas-market  calls  for an extension of these 
provisions beyond 2025. 

At  the  same  time,  the  European  Commission  plans  to  review  the  EU’s  energy-security 
framework, including by making an assessment as to whether a potential legislative proposal 
should  incorporate  permanent  storage-filling  measures  for  Member  States.  However,  this 
proposal is not planned for next year. 

A  temporary  extension  of  the  existing  gas-storage  provisions  is  necessary  to  continue 
providing predictability and transparency in the use of gas-storage facilities across the EU. 

• 

Consistency with existing policy provisions in the policy area 

The  gas-storage  provisions  in  Regulation  (EU)  2017/1938  were  introduced  through 
Regulation  (EU)  2022/1032  for  a  period  of  three  years.  The  provisions  expire  at  the  end  of 
2025.  The  proposal  aims  to  extend  the  existing  provision  by  a  further  two  years  on  a 
temporary basis until a new energy-security framework is potentially put in place, most likely 
in the course of 2027. The extension would be consistent with the existing policy and would 

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help to improve energy security and gas-market stability. The proposal for prolongation does 
not aim to alter any other aspects of the gas-storage provisions.  

• 

Consistency with other Union policies 

the 
Following  geopolitical  developments, 
‘REPowerEU’  Communication  for  a  joint  European  action  to  promote  more  affordable, 
secure and sustainable energy. Consequently, the Commission presented a legislative proposal 
(the  Gas  Storage  Regulation  –  Regulation  (EU)  2022/1032)  to  ensure  a  sufficient  level  of 
annual storage from winter 2022/2023 and into the future.  

in  March  2022, 

the  Commission 

issued 

As part of a fitness check of the current energy-security framework, the Commission launched 
a public consultation to gather the views of a broad range of stakeholders on the benefits and 
possible  future  challenges  facing  Europe  in  the  area  of  energy  security.  The  public 
consultation, concluded at the end of November 2024, is also taking stock of the gas-storage 
provisions and their contribution to overall energy security.     

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

This proposal amends Regulation (EU) 2017/1938, the legal base of which was Article 194(2) 
of  the  Treaty  on  the  Functioning  of  the  European  Union.  This  proposal  is  based  on  Article 
194(2) of the Treaty on the Functioning of the European Union. 

• 

Subsidiarity (for non-exclusive competence)  

The planned measures of the present initiative are fully in line with the subsidiarity principle. 
There is a need for an EU-level action because interruption to the EU’s gas supply: (i) poses 
high risks; (ii) would have significant effects on many Member States; and (iii) would affect 
gas prices across the EU. 

• 

Proportionality 

The initiative complies with the proportionality principle. Although the ultimate annual filling 
target for 1 November is laid down through the Regulation, the targets take into account the 
situation of individual Member States and the size of the gas-storage facilities located on their 
respective territories. Exemptions/derogations laid down by Regulation (EU) 2017/1938 relate 
to the Netherlands (Article 6a.3) and also to Austria, Czechia, Hungary, Latvia, and Slovakia 
(Article  6a.2).  The  proposed  90%  filling  rate  is  a  necessary  and  appropriate  level  to  ensure 
security of supply over the winter in the event of serious supply disruptions, without putting 
an excessive burden on Member States, energy companies or the public. 

Intermediary  filling  targets  are  laid  down  on  an  annual  basis,  after  consultation  with  the 
Member  States  (through  their  participation  in  the  Gas  Coordination  Group).  These  targets 
allow for a sufficient level of flexibility for Member States to reflect both the existing energy 
situation as well as gas-market fundamentals.   

• 

Choice of the instrument 

This is a proposal to amend Regulation (EU) 2017/1938, and therefore the instrument chosen 
is an amending Regulation. Given that this is not a full revision of the Regulation, a recast is 
not considered appropriate.  

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3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

This  proposal  is  accompanied  by  a  report  on  the  implementation  and  impact  of  gas-storage 
provisions, which concludes that both the gas-storage filling trajectories and the certification 
process for gas-storage facilities have had a positive impact on the security of energy supply. 

The  Commission  submits  annual  reports,  prepared  in  consultation  with  Member  States,  that 
include an analysis of the potential effects of the Regulation on gas prices and potential gas 
savings.  

Additionally,  as  part  of  the  fitness  check  of  the  energy-security  framework,  and  in  order  to 
gather  the  views  of  a  wide  range  of  stakeholders,  the  Commission  launched  a  public 
consultation.  The  consultation  process  was  launched  in  September  2024  and  lasted  until 
November  2024.  Over  100  participants  provided  insights  and  views  to  the  consultation, 
including on the role of gas storage in the overall energy-security framework. Upon analysing 
the results of the public consultation, the Commission may conclude that a wider revision of 
the energy-security framework is needed and, in that context, may propose a continuation of 
the  mandatory  intermediate  and  ultimate  annual  targets  for  storage  filling.  However,  the 
revision process  is  likely  to  last at  least  two years. Recognising  the  significant  role that gas 
storage  has  played  so  far  in  boosting  the  energy  security  of  Member  States,  a  temporary 
prolongation  of  the  mandatory  filling  target  and  of  the  intermediary  targets  requirement  is 
considered necessary.   

• 

Stakeholder consultations 

As part of the public consultation related to the fitness check, stakeholders were consulted on 
the importance of gas storage and the utility of setting mandatory filling targets.       

• 

Collection and use of expertise 

During  2025,  as  part  of  the  fitness  check  of  the  overall  energy-security  framework,  the 
Commission intends to mandate an external contractor to carry out an impact assessment. The 
contractor would also be asked to collect external views and expertise at the same time.  

• 

Impact assessment 

As  mentioned  in  the  paragraph  above,  the  Commission  intends  to  carry  out  an  impact 
assessment  during  2025.  Questions  related  to  the  gas-storage  provisions  will  be  part  of  the 
impact  assessment.  Due  to  the  shortness  of  time  remaining  and  the  expiration  of  current 
provisions  in  December  2025,  no  impact  assessment  is  being  carried  out  for  this  temporary 
measure.  

• 

Fundamental rights 

The measure will enable support to be targeted at some of the most vulnerable customers, and 
in particular those already experiencing energy poverty. 

4. 

BUDGETARY IMPLICATIONS 

The  impact  on  the  EU  budget  associated  with  this  proposal  concerns  the  staffing  and  other 
administrative  expenditures  of  the  European  Commission’s  Directorate-General  (DG)  for 
Energy.  The  proposal  seeks  to  prolong  provisions  improving  the  EU’s  architecture  for  the 

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security of its gas supply. These prolonged provisions would entail continued obligations for 
Member States and, correspondingly, a continued strengthened role for DG Energy in a wide 
range of areas identified in the original proposal, namely: 

• 

• 

• 

• 

• 

overall management and implementation of the Regulation (1 FTE); 

management of the strengthened role of the Gas Coordination Group (0.5 FTEs); 

monitoring  of  filling  rates  and  drawing  up  of 
implementation 
specifications, such as filling trajectories (including economic and technical analysis 
and data management) (1.5 FTEs); 

technical 

assessment of the notifications on burden-sharing set out in Article 6c (1 FTE); 

administrative support (1 FTE). 

In  addition,  the  implementation,  coordination  and  follow-up  of  this  amending  regulation 
among  Member  States  will  require  additional  administrative  appropriations  of  up  to  EUR 
150 000  a  year  for  official  trips  and  expert  meetings,  in  particular  meetings  of  the  Gas 
Coordination Group. 

5. 

• 

OTHER ELEMENTS 

Detailed explanation of the specific provisions of the proposal 

All  current  gas-storage-related  provisions  of  Regulation  (EU)  2017/1938  introduced  by 
Regulation  (EU)  2022/1032  would  remain  unchanged  except  the  Article  setting  the 
application/validity date, which would be changed to 31 December 2027. 

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2025/0051 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Amending Regulation (EU)2017/1938 as regards the role of gas storage for securing gas 
supplies ahead of the winter season 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 194(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

2 

Regulation  (EU)  2022/1032  of  the  Parliament  and  of  the  Council2  was  adopted  in 
reaction  to  the  gas-supply  crisis  and  unprecedented  price  increases  caused  by  the 
escalation  of  the  Russian  military  aggression  against  Ukraine  since  February  2022, 
impelling  the  Union  to  act  in  a  coordinated  and  comprehensive  manner  to  avoid 
potential risks resulting from further gas-supply disruptions. 

Regulation  (EU)  2022/1032  amended  Regulation  (EU)  2017/1938  by  introducing  a 
temporary  legal  framework  for  measures  regarding  the  filling  level  of  underground 
storage facilities to strengthen the security of gas supply in the Union, in particular gas 
supplies to protected customers.   

Gas-storage  facilities  provide  for  30%  of  the  Union’s  gas  consumption  during  the 
winter  months,  and  well-filled  underground  gas-storage  facilities  contribute 
substantially to the security of gas supply by providing additional gas in the event of 
high demand or supply disruptions. 

The  laying  down  of  a  mandatory  target  to  ensure  that  gas-storage  facilities  are  90% 
full  by  1 November  (filling  target),  with  a  series  of  intermediate  targets  for  each 
Member  State  in  February,  May,  July  and  September  of  the  year  thereafter  (filling 
trajectory),  proved  to  be  fundamental  amidst  the  energy  crisis  sparked  by  the 
weaponisation of Russian gas supplies and invasion of Ukraine in both: (i) weathering 
the gas-supply shortages; and (ii) reducing market uncertainties and price volatility. 

Despite  the  substantial  improvement  of  the  gas  market  situation  compared  to  2022-
2023  period,  the  European  gas  market  remains  tight.  More  intense  competition  for 
global LNG supplies can increase Member States exposure to price volatility. The gas 
price  development  during  the  2024/2025  winter  may  confirm  the  trend.  In  such 

Regulation (EU) 2022/1032 of the European Parliament and of the Council of 29 June 2022 amending 
Regulations (EU) 2017/1938 and (EC) No 715/2009 with regard to gas storage (OJ L 173, 30.6.2022, p. 
17, ELI: http://data.europa.eu/eli/reg/2022/1032/oj). 

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(6) 

(7) 

(8) 

(9) 

(10) 

situation,  the  role  of  gas  storages  remains  paramount.  Predictable  filling  trajectories 
increase transparency and prevent market distortion. 

Pursuant to Regulation (EU) 2017/1938 the obligation of the Member States to follow 
an  annual  filling  trajectory  and  to  ensure  that  the  filling  target  is  achieved  by 
1 November of each year expires on 31 December 2025.  

At  the  same  time,  the  overall  framework  to  meet  this  1  November  target  must  be 
flexible  enough  during  the  filling  season  to  allow  a  swift  reaction  to  constantly 
changing market conditions and in particular to take advantage of the best purchasing 
conditions. 

The  purpose  of  intermediary  filling  targets,  agreed  upon  each  year  by  the  Member 
States,  is  to  ensure  that  the  mandatory  1  November  target  is  met.  However,  these 
targets  are indicative and should allow for storage filling in  such  a way  that there is 
sufficient  flexibility  available  for  market  participants  throughout  the  year  in 
accordance with Recommendation XXX.  

Commission’s assessment of the current energy-security framework has confirmed the 
positive  impact  of  the  storage-filling  requirements  on  the  security  of  gas  supply  and 
those positive effects should be preserved beyond 2025.   

It  is  therefore  necessary  to  extend  by  two  years  the  relevant  gas  storage  filling 
provisions  that  provide  predictability  and  transparency  as  to  the  utilisation  of  gas-
storage facilities across the Union.  

(11)  Regulation (EU) 2017/1938 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Amendment to Regulation (EU) 2017/1938 

In  Article  22  of  Regulation  (EU)  2017/1938,  the  fourth  paragraph  is  replaced  by  the 
following: 

“Article  2,  points  (27)  to  (31),  Articles  6a  to  6d,  Article  16(3),  Article  17a,  Article  18a, 
Article 20(4), and Annexes Ia and Ib shall apply until 31 December 2027.” 

Article2 

Entry into force 

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

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

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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