This third version proposed by the presidency includes the possibility for the Commission to adopt delegated acts allowing the authorised level of deviation to be increased by 5% (from the 90% filling target) “in case of persistent unfavourable market conditions”.
In an earlier version, the Polish presidency of the EU Council had in fact proposed that Member States should be able to deviate by five percentage points from the target of 90% filling of gas-storage facilities by 1 November of the filling year (see EUROPE 13606/9).
In addition, the presidency proposed that this fixed date be amended to include a more flexible filling target that could be reached “at any point in time between 1 October and 1 December”. In this new version, it specifies that once a Member State has reached 90% during this period, it “is not required to maintain that storage level until 1 December”.
However, several countries asked for a deviation of up to 10%, or 10 percentage points (see EUROPE 13610/6), which led the presidency to propose that the European Commission could act to increase the level of deviation beyond 5%.
According to the document, this possible increase can be exercised “provided that the security of supply of the EU and the Member States is not undermined”.
The new version also removes the reference to prior consultation with the European Commission for a Member State to deviate by up to five percentage points from the filling target.
It does, however, stipulate that a Member State making use of the possible flexibilities must consult the Commission and provide a justification “immediately”.
To see the new presidency proposal: https://aeur.eu/f/g73 (Original version in French by Pauline Denys)