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1. Member States shall ensure that each natural gas storage system operator, including any natural gas storage system operator controlled by a transmission system operator, is certified in accordance with the procedure laid down in this Article, either by the regulatory authority or by a competent authority designated by the Member State concerned pursuant to Article 3(2) of Regulation (EU) 2017/1938 (in either case referred to as the ‘certifying authority’). This Article also applies to natural gas storage system operators controlled by transmission system operators which are certified pursuant to Directive 2009/73/EC or (EU) 2024/1788.

2. By 1 February 2023 or within 150 working days of the date of receipt of a notification pursuant to paragraph 9, the certifying authority shall issue a draft certification decision in respect of natural gas storage system operators that operate underground natural gas storage facilities with a capacity of over 3,5 TWh where, regardless of the number of natural gas storage system operators, total natural gas storage facilities were filled on 31 March 2021 and on 31 March 2022 at a level which, on average, was less than 30 % of their maximum capacity. With respect to natural gas storage system operators as referred to in the first subparagraph, the certifying authority shall make its best efforts to issue a draft certification decision by 1 November 2022. With respect to natural gas storage system operators other than those referred to in the first subparagraph, the certifying authority shall issue a draft certification decision by 2 January 2024 or within 18 months of the date of receipt of a notification pursuant to paragraph 8 or 9.

3. When considering the risk to the security of energy supply in the Union, the certifying authority shall take into account any security of natural gas supply risk at Union, national or regional level as well as any mitigation of such risk, resulting, inter alia, from:

(a) ownership, supply or other commercial relationships that could negatively affect the incentives and the ability of the natural gas storage system operator to fill the underground natural gas storage facility;

(b) the rights and obligations of the Union with respect to a third country arising under international law, including any agreement concluded with one or more third countries to which the Union is a party and which addresses the issue of the security of energy supply;

(c) the rights and obligations of the Member States concerned with respect to a third country arising under agreements concluded by the Member States concerned with one or more third countries, in so far as those agreements comply with Union law; or (d) any other specific facts and circumstances of the case.

4. If the certifying authority concludes that a person who directly or indirectly controls, or exercises any right over, the natural gas storage system operator could endanger the security of energy supply or the essential security interests of the Union or of any Member State, the certifying authority shall refuse the certification. Alternatively, the certifying authority may issue a certification decision subject to conditions to ensure the sufficient mitigation of the risks which could negatively influence the filling of the underground natural gas storage facilities, provided that the practicability of the conditions can be fully ensured by effective implementation and monitoring. Such conditions may include, in particular, a requirement that the natural gas storage system owner or natural gas storage system operator transfer management of the natural gas storage system.

5. Where the certifying authority concludes that the natural gas supply risks cannot be mitigated by conditions pursuant to paragraph 4, including by requiring the natural gas storage system owner or natural gas storage system operator to transfer management of the natural gas storage system, and therefore refuses the certification, it shall:

(a) require the natural gas storage system owner or natural gas storage system operator or any person that it considers could endanger the security of energy supply or the essential security interests of the Union or of any Member State to dispose of the shareholding or rights they have over the natural gas storage system ownership or natural gas storage system operator ownership, and set a time limit for such disposal;

(b) order, where appropriate, interim measures, to ensure that such a person is not able to exercise any control or right over that natural gas storage system owner or natural gas storage system operator until the disposal of the shareholding or rights; and (c) provide for appropriate compensatory measures in accordance with national law.

6. The certifying authority shall notify the Commission of its draft certification decision without delay, together with all relevant information. The Commission shall issue an opinion on the draft certification decision to the certifying authority within 25 working days of such notification. The certifying authority shall take the utmost account of the Commission’s opinion.

7. The certifying authority shall issue the certification decision within 25 working days of receipt of the Commission’s opinion.

8. Before a newly built underground natural gas storage facility is put into operation, the natural gas storage system operator shall be certified in accordance with paragraphs 1 to 7. The natural gas storage system operator shall notify the certifying authority of its intention to put the natural gas storage facility into operation.

9. Natural gas storage system operators shall notify the relevant certifying authority of any planned transaction which would require a reassessment of their compliance with the certification requirements set out in paragraphs 1 to 4.

10. Certifying authorities shall continuously monitor natural gas storage system operators as regards compliance with the certification requirements set out in paragraphs 1 to 4. They shall reopen a certification procedure to reassess compliance in any of the following circumstances:

(a) upon receipt of a notification by the natural gas storage system operator pursuant to paragraph 8 or 9;

(b) on their own initiative where they have knowledge that a planned change to rights or to influence over a natural gas storage system operator could lead to non-compliance with the requirements of paragraphs 1, 2 and 3;

(c) upon the reasoned request of the Commission.

11. Member States shall take all necessary measures to ensure the continuous operation of the underground natural gas storage facilities on their respective territories. Those underground natural gas storage facilities may cease operations only where technical and safety requirements are not met or where the certifying authority concludes, after conducting an assessment and having taken into account the opinion of the European Network of Transmission System Operators for Gas (the ‘ENTSO for Gas’), that such a cessation would not weaken the security of natural gas supply at Union or national level. Appropriate compensatory measures shall be taken, where appropriate, if cessation of operations is not allowed.

12. The Commission may issue guidance relating to the application of this Article.

13. This Article shall not apply to parts of LNG facilities that are used for storage.