In June, the European Commission will be presenting a number of legislative proposals, including a ban on all new Russian gas contracts and futures (spot) contracts by the end of 2025, followed by a ban on the remaining imports of Russian gas (pipeline or liquefied natural gas) by the end of 2027. This was announced on Tuesday 6 May, as part of the presentation of its ‘roadmap’ for a definitive shift away from Russian fossil fuels, as part of its REPowerEU 2022 strategy, adopted following the Russian invasion of Ukraine.
The Commission justifies a “two-step” approach, pointing out that around two-thirds of Russian gas imports are supplied on the basis of long-term contracts, while around one-third is supplied on a “spot” (short-term) basis.
Force majeure. The Commission has presented the measures it intends to put in place to achieve this. In particular, it aims to ensure that companies that have entered into long-term contracts, particularly of the ‘take or pay’ type, can dispose of them without penalty, but has not yet decided on the precise legal tools for doing so.
“It will be a ban”, said European Commissioner for Energy Dan Jørgensen. “From a legal point of view, this means that it is a case of ‘force majeure’ for the companies likely to have these contracts. They cannot therefore be held responsible. This is a clear assessment of our legal services”, he stressed.
An EU official also pointed out that the legal instruments to be presented in a month’s time will be adopted under the ordinary procedure with the European Parliament and the Council of the EU, by qualified majority, unlike EU sanctions, which must be adopted unanimously by the Member States, and must subsequently be renewed.
At present, EU sanctions on Russian fuel imports target coal and oil, but not gas directly, due to opposition from Hungary and Slovakia.
The Slovak Ministry of the Economy reacted immediately to the Commission’s presentation, stating that the plan would “harm not only our national interests and the purchasing power of Slovak households, but also Europe as a whole”.
National plans. Another legislative proposal, to be unveiled in June, aims to publish national plans for a move away from Russian gas, the first version of which is expected by the end of 2025.
Slovakia and Hungary will also have to present a plan to abandon Russian oil. These two countries benefit from an exemption from the ban on imports of Russian oil, which still accounts for 80% of their total oil imports.
Nuclear. On the nuclear front, the Commission’s forthcoming legislative proposals should introduce trade measures on enriched uranium imports, which “could take the form of tariffs, but this will be specified in June”, said a European official.
The communication was initially due to be presented during the first 100 days of the new Commission, but its publication has been delayed. Several European sources are pointing the finger at the tariff war being waged by the United States, in particular the discussions on additional imports of American liquefied natural gas (LNG).
However, Mr Jørgensen denied this information, explaining that the communication presented was a complex document, which had to be drawn up “in great depth and analysed”.
He also acknowledged the difficulties for some Member States in breaking away from remaining Russian dependencies, with Russian gas still accounting for 19% of EU imports in 2024. But this “can be done without significant consequences for our economy”, insisted the Commissioner.
Also asked about the discussions on a peace agreement in Ukraine, Mr Jørgensen explained that this communication had been conceived “in isolation” and that a potential peace agreement with Russia did not call into question the need for Europe to rid itself of its dependence on Moscow.
To see the communication: https://aeur.eu/f/gof (Original version in French by Pauline Denys)