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Regulation (EU) 2024/1789 of the European Parliament and of the Council of 13 June 2024 on the internal markets for renewable gas, natural gas and hydrogen, amending Regulations (EU) No 1227/2011, (EU) 2017/1938, (EU) 2019/942 and (EU) 2022/869 and Decision (EU) 2017/684 and repealing Regulation (EC) No 715/2009 (recast) (Text with EEA relevance)

article  8

CELEX:  32024R1789

Third-party access services concerning natural gas storage facilities, hydrogen terminals, LNG facilities and hydrogen storage facilities
1. LNG system operators, hydrogen terminal operators, hydrogen storage operators and natural gas storage system operators shall:
(a) offer services on a non-discriminatory basis to all network users that accommodate market demand; in particular, where an LNG system operator, hydrogen terminal operator, hydrogen storage operator or natural gas storage system operator offers the same service to different customers, it shall do so under equivalent contractual terms and conditions;
(b) offer services that are compatible with the use of the interconnected natural gas and hydrogen transport systems and facilitate access through cooperation with the transmission system operator or hydrogen network operator; and (c) make relevant information public, in particular data on the use and availability of services, in a time-frame compatible with reasonable commercial needs of users of LNG facilities, natural gas storage facilities, hydrogen terminals or hydrogen storage facilities, subject to the monitoring of such publication by the regulatory authority.
Regulation (EU) 2024/1789 of the European Parliament and of the Council of 13 June 2024 on the internal markets for renewable gas, natural gas and hydrogen, amending Regulations (EU) No 1227/2011, (EU) 2017/1938, (EU) 2019/942 and (EU) 2022/869 and Decision (EU) 2017/684 and repealing Regulation (EC) No 715/2009 (recast) (Text with EEA relevance)

article  8

CELEX:  32024R1789

2. Each natural gas storage system operator and hydrogen storage operator shall:
(a) provide both firm and interruptible third-party access services; the price of interruptible capacity shall reflect the probability of interruption;
(b) offer to storage facility users both long and short-term services;
(c) offer to storage facility users both bundled and unbundled services of storage capacity.
3. Each LNG system operator shall offer to LNG facility users both bundled and unbundled services within the LNG facility depending on the needs expressed by LNG facility users.
4. LNG and natural gas storage facility contracts and hydrogen storage facility and hydrogen terminal contracts shall not result in arbitrarily higher tariffs where they are signed:
(a) outside a gas year with non-standard start dates; or (b) with a shorter duration than a standard contract on an annual basis.
5. Where appropriate, third-party access services may be granted subject to appropriate guarantees from network users with respect to the creditworthiness of such users. Such guarantees shall not constitute undue market-entry barriers and shall be non-discriminatory, transparent and proportionate.
Regulation (EU) 2024/1789 of the European Parliament and of the Council of 13 June 2024 on the internal markets for renewable gas, natural gas and hydrogen, amending Regulations (EU) No 1227/2011, (EU) 2017/1938, (EU) 2019/942 and (EU) 2022/869 and Decision (EU) 2017/684 and repealing Regulation (EC) No 715/2009 (recast) (Text with EEA relevance)

article  8

CELEX:  32024R1789

6. Contractual limits on the required minimum size of LNG facility or hydrogen terminal capacity and natural gas or hydrogen storage capacity shall be justified on the basis of technical constraints and shall allow smaller storage users to obtain access to storage services.
Regulation (EU) 2024/1789 of the European Parliament and of the Council of 13 June 2024 on the internal markets for renewable gas, natural gas and hydrogen, amending Regulations (EU) No 1227/2011, (EU) 2017/1938, (EU) 2019/942 and (EU) 2022/869 and Decision (EU) 2017/684 and repealing Regulation (EC) No 715/2009 (recast) (Text with EEA relevance)

article  8

CELEX:  32024R1789

7. Paragraphs 1 to 6 shall be without prejudice to the possibility for Member States to take proportionate measures to temporarily restrict LNG supplies from the Russian Federation and Belarus, for a fixed term, which may be renewed if justified, by limiting up-front bidding by any single network user or provision for LNG facility capacity to any single network user for deliveries from the Russian Federation or Belarus, where that is necessary to protect their essential security interests and those of the Union, provided that such measures:
(a) do not unduly disrupt the proper functioning of the internal market for natural gas, and cross-border flows of natural gas between Member States, and do not undermine the security of supply of the Union or of a Member State;
(b) respect the principle of energy solidarity;
(c) are taken in accordance with the rights and obligations of the Union and of the Member States with respect to third countries. Taking into account the need to ensure the security of supply of the Union, measures taken by Member States pursuant to the first subparagraph may aim to diversify LNG supplies with a view to phasing out dependence on Russian natural gas, where it can be demonstrated that such measures are necessary to protect their essential security interests and those of the Union. Before deciding on a measure as referred to in the first subparagraph, the Member State concerned shall consult the Commission and, in so far as they are likely to be affected by the measure concerned, other Member States, the Energy Community Contracting Parties, third countries that are Contracting Parties to the Agreement on the European Economic Area, and the United Kingdom of Great Britain and Northern Ireland. The Member State concerned shall take the utmost account of the situation in those Member States and third countries, and any concerns raised in that respect by those Member States, third countries or the Commission.