Toelichting bij COM(2024)101 - Voortzetten van gecoördineerde maatregelen ter reductie van de gasvraag - Hoofdinhoud
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| dossier | COM(2024)101 - Voortzetten van gecoördineerde maatregelen ter reductie van de gasvraag. |
|---|---|
| bron | COM(2024)101  |
| datum | 27-02-2024 |
•Reasons for and objectives of the proposal
Following Russia's invasion of Ukraine, the flow of gas from Russia to the EU has been intentionally disrupted in a deliberate effort to use energy as a political weapon. The EU relied on Russia for ca. 45% of its gas supplies in 2021. Since February 2022, this share has continuously dropped. In 2023, the Union imported approximately 25 billion cubic meters (bcm) of Russian gas via pipelines. Russian gas accounted for 15% of the EU’s total imports (pipeline and LNG) in 2023. Due to the supply disruptions and the tightness experienced on the market since February 2022, twelve Member States activated the first or second crisis level pursuant to the common EU classification, as foreseen by the Gas Security of Supply Regulation (EU) 2017/1938.
The disruption of gas supply had marked effects on the price and volatility of gas and electricity, on inflation, and on the EU’s general financial and macroeconomic stability, as well as the economic well-being of its citizens. The 2022 wholesale price was on average more than five times higher than before the crisis triggered by the Russian invasion of Ukraine in February 2022 and even spiked above 300 €/MWh at the peak of the crisis in the summer of 2022. Since February 2022, price levels were at higher levels than in the pre-crisis period, with continued strong price volatility. Competitiveness of EU businesses, in particular energy-intensive industries, was negatively affected while citizens face reduced purchasing power.
In this context, the Commission proposed on 20 July 2022 a Council Regulation on coordinated gas demand reduction, which was adopted as Regulation (EU) 2022/1369 by the Council on 5 August 2022. Since the adoption of Regulation (EU) 2022/1369, Member States have implemented it by adopting measures to reduce their respective gas demand by 15%.
Regulation (EU) 2022/1369 provides for a voluntary Union–wide demand reduction of gas consumption of 15%. It also specifies that if voluntary demand-reduction measures prove to be insufficient to address the risk of a serious supply shortage, or on request from five or more competent authorities of Member States that have declared national alerts, the Council may, on a proposal from the Commission, declare a Union alert by means of an implementing decision. This Union alert would make the 15% demand reduction target mandatory and acts as a safety net in case of a crisis.
Since the adoption of Regulation (EU) 2022/1369, he EU already reduced gas demand by 18% on a voluntary basis between August 2022 and December 2023 (ca. 101 bcm saved). The continued need to keep reducing gas demand to ensure security of supply and contain price volatility led the Council to prolong the Regulation by 1 year until 31 March 2024. As showcased by Commission report COM(2024) 88, the demand reduction efforts were the largest contributor to replacing the missing Russian pipeline gas, with ca. 65 bcm of gas saved in 2023.
Member States need to remain prepared for possible severe shortages of gas in a coordinated fashion and in a spirit of solidarity. Despite the measures taken, severe difficulties persist in the supply of energy, which can affect the general energy security situation, if the demand does not remain below a safe level. The global gas markets remain tight and are expected to remain as such for some time as only very limited new LNG liquefaction capacity globally is planned to be operational before 2026.
Additional risks include a further deterioration of geopolitical threats affecting supplying regions, a possible rebound of LNG demand in Asia which can reduce the availability of gas on the global market, weather conditions which can affect hydropower storage and nuclear production and require a higher recourse to gas-fired power generation and further gas supply disruptions, which can affect the filling of underground gas storage facilities required for a safe winter 2024-2025.
Furthermore, Commission report COM(2024) 88 includes several scenarios, which, in case of a Russian disruption, highlight the need for a sustained demand reduction to ensure storage filling and security of supply for 2024-2025. A full Russian supply disruption is an important scenario to consider, among others due to the end of the current transit agreement through Ukraine by 31 December 2024 and potential further escalating geopolitical tensions. According to these scenarios, if demand were to rebound to pre-crisis levels in case of a Russian disruption (i.e. no sustained demand reduction), storages may be depleted already as soon as February 2025. This would leave the EU without the needed volumes to supply consumers during the remainder of the 2024-2025 winter. In addition, the EU would start the 2025-2026 storage filling season at record low levels, meaning that security of supply for 2025-2026 would be at risk as well. The risks to security of supply in case of a full Russian disruption are also acknowledged by the European Network of Transmission System Operators for Gas (ENTSOG) in its Winter Supply Outlook. ENTSOG concluded that although the general security of supply situation in the EU has improved, additional measures may be needed to secure gas supply and demand adequacy in case of a full Russian disruption. The European Union Agency for the Cooperation of Energy Regulators (ACER) also acknowledged in its opinion on the ENTSOG Winter Supply Outlook, that materialisation of risks may lead to supply scarcity, and that vigilance regarding the security of supply situation and implementation of gas demand reduction should continue.
To ensure that the EU is prepared for the winter 2024-2025 and to guarantee that Member States comply with the 90% storage filling target of 1 November 2024, careful management of storages remains pivotal and should remain at a sufficiently high level throughout the winter. In 2023-2024, like in 2022-2023, demand reduction has been essential to keep adequate storage levels at the end of winter and to provide the necessary flexibility in summer so that the 90% storage target could be met, while keeping prices to lower levels and containing volatility. The demand reduction measures played a crucial role in achieving the storage target already in August, well before the target of November. Consequently, European market participants began to store gas in Ukraine towards the end of the summer in 2023.
Therefore, considering the risks regarding the Russian supply, the currently deteriorating geopolitical threat landscape, the weather conditions and the global gas market developments, it is proposed to recommend that Member States continue their coordinated demand-reduction measures, after the expiration of the period of the Regulation (EU) 2022/1369. While Member States face a varying degree of exposure to supply disruptions, any gas supply shortages would cause harm to the economies of all Member States. As set out in the Communication “Save Gas for a Safe Winter” of 20 July 2022, it is economically more sustainable for citizens and industry of all Member States, in a spirit of solidarity, to continue reducing demand in a proactive and proportionate manner rather than face uncoordinated curtailments later. Proactive, coordinated and voluntary savings therefore reduce the risk of a negative impact that gas shortages would have on the competitiveness of industries.
Therefore, the proposed Council Recommendation on continuing coordinated demand-reduction measures recommends that Member States continue reducing their demand by 15% compared to the reference period of 1 April 2017 to 31 March 2022.
•Consistency with existing policy provisions in the policy area
The proposed instrument complements existing relevant EU initiatives and legislation, which ensure that citizens can benefit from secure gas supplies and that customers are protected against major supply disruptions. It also furthers the objective of diversification of natural gas supply.
It flows logically from existing initiatives, such as the “REPowerEU”, the proposal for a “Hydrogen and Gas Market Decarbonisation Package” and the “Save Gas for a Safe Winter” initiative, including Regulation (EU) 2022/1369 on coordinated demand-reduction measures for gas, amended by Regulation (EU) 2023/706. The provisions are complementary to the EU legislation on internal market and security of supply, in particular to Regulation (EU) 2017/1938. It also supplements Council Regulation (EU) 2022/2576 enhancing solidarity through better coordination of gas purchases, exchanges of gas across borders and reliable price benchmarks. Solidarity mechanisms are in place, ensuring that Member States cooperate across borders to ensure that energy is provided to those customers in a region who need it most, in case of supply disruptions.
Following the Russian invasion of Ukraine, the EU has set out the REPowerEU Plan with the aim to end the EU's dependency on Russian fossil fuels, as soon as possible and at the latest by 2027. To achieve this, REPowerEU sets out a plan to diversify energy supplies, save energy and accelerate the green transition. The proposed initiative is fully consistent with the goals set out in REPowerEU. This proposal for a Council Recommendation is therefore complementary to existing provisions and the recent initiatives in the energy sector, safeguarding the security of gas supply, helping to stabilise the market and keeping the prices in check, and contributing to saving energy.
The “Save Gas for a Safe Winter” Communication adopted on 20 July 2022 sets out the tools that the EU already has available for a coordinated demand reduction, and what else needs to be done, so that the EU is ready for full or partial disruptions. The proposed initiative responds to the increased risks resulting from Russia’s war against Ukraine and is fully complementary to the existing security of supply rules.
•Consistency with other Union policies
. This proposal for a Council Recommendation is consistent other initiatives aiming to improve the Union’s energy resilience and to prepare for possible emergency situations and is fully compatible with competition and market rules, as functioning cross-border energy markets are key to ensure security of supply in a situation of supply shortages. Recommending more coordinated demand reductions is also in line with the Commission’s Green Deal and Fit-for-55 objectives.
Inhoudsopgave
•Legal basis
The Recommendation which contributes to security of energy supply is to be adopted on the basis of Article 194(2) TFEU together with Article 292 TFEU. Article 292 provides the legal basis for the Council to adopt recommendations based on a proposal from the Commission. The initiative does not propose any extension of EU regulatory power or binding commitments on Member States. It is the Member States who will decide, based on their national circumstances, how they implement this Council recommendation. In the field of energy, the EU has a shared competence pursuant to Article 4 (2) (i) TFEU.
Regulation (EU) 2022/1369, amended by Regulation (EU) 2023/706, established the rules for coordinated demand-reduction measures and set a 15% demand reduction target, based on Article 122(1) TFEU. Regulation (EU) 2022/1369 expires on 31 March 2024.
This proposed Council Recommendation recommends that Member States continue their efforts of reducing gas demand, in the same spirit of solidarity as showcased while implementing Regulation (EU) 2022/1369.
•Subsidiarity (for non-exclusive competence)
The measures planned to be continued under the present initiative are fully in line with the subsidiarity principle. Because of the scale and the significant effect of further cuts in gas supply on the part of Russia, there is a need for coordinated action by Member States. A continued coordinated approach through Union-wide demand reduction, in the spirit of solidarity, is necessary to minimise the risk of potential major disruptions during winter 2024-2025 when gas consumption will be higher and where Member States will need to partly rely on the gas stored during the injection season.
Given the unprecedented nature of the gas supply crisis and its transboundary effects, as well as the level of integration of the EU internal energy market, action at Union level continues to be warranted as Member States alone cannot sufficiently effectively address the risk of serious economic difficulties resulting from price hikes or significant supply disruptions in a coordinated manner. Only continued EU action motivated by a spirit of solidarity between Member States can ensure that supply disruptions do not lead to lasting harm for citizens and the economy.
By reason of its scale and effects, the measure can be better achieved at Union level, hence the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union.
•Proportionality
The initiative complies with the proportionality principle. The policy intervention is proportional to the dimension and nature of the problems defined and the achievement of the set objectives.
In view of the unprecedented geopolitical situation and the remaining threat for citizens and the EU economy, there is a clear need for continued coordinated action. Hence, the proposal does not go beyond what is necessary to achieve the objectives laid down in the current instrument. The measures proposed to be recommended are considered proportionate and build to the extent possible on existing approaches, such as the existing crisis levels and emergency plans established in accordance with Regulation (EU) 2017/1938 and the provisions of Regulation (EU) 2022/1369 which are set to expire on 31 March 2024.
This proposal sets the final result that is recommended to be achieved, in the form of a voluntary gas reduction target for Member States, while giving Member States full autonomy in choosing the most effective means to meet such a voluntary target according to their national specificities and the measures already foreseen in the national emergency plans.
•Choice of the instrument
To achieve the objectives referred to above, the TFEU provides for the adoption by the Council of Recommendations notably in its Article 292 together with Article 194(2) TFEU, based on a proposal from the Commission. A Council Recommendation is an appropriate instrument in this case, considering that it recommends continuing the coordinated demand-reduction set out in Regulation (EU) 2022/1369, amended by Regulation (EU) 2023/706, while nevertheless recognising that a legally binding reduction of demand is at this moment in time no longer necessary. As a legal act, albeit one of a non-binding nature, a Council recommendation signals the commitment of Member States to the measures included and provides a strong political basis for cooperation in these areas, while fully respecting Member State competences.
•Stakeholder consultations
Due to the politically sensitive nature of the proposal and urgency to prepare the proposal so that it can be adopted on time by the Council before the expiration of Regulation (EU) 2022/1369 by 31 March 2024, a specific stakeholder consultation could not be carried out. However, lessons learned through applying Regulation (EU) 2022/1369 and reviewing that Regulation via Report COM(2023) 173 and Report COM(2024) 88 have been taken into account. Regular exchanges with Member States and stakeholders have taken place via, among others, the Gas Coordination Group on the application of Regulation (EU) 2022/1369, since its entry into force on 8 August 2022.
•Fundamental rights
No negative impact has been identified on fundamental rights. The measures under this instrument will not affect the rights of customers who are categorised as protected under Regulation (EU) 2017/1938, including all household customers. The instrument will enable to reduce the risks associated with gas shortage that would otherwise have major implications on the economy and society.
This proposal does not require additional resources from the EU budget.
•Detailed explanation of the specific provisions of the proposal
This proposal for a Council Recommendation proposes to recommend the following:
·Continue ongoing demand-reduction measures by Member States in order to achieve a 15% gas demand reduction compared to the reference years of April 2017 – March 2022 until parts of Directive (EU) 2023/1791 of the European Parliament and of the Council 1 are transposed by 11 October 2025.
·Encourages Member States to continue their current demand reduction reporting to Eurostat, including a breakdown per sector.