Article 11 — Amendments to Regulation (EU) 2017/1938

Regulation (EU) 2017/1938 is amended as follows: (1) in Article 2, the following points are added: (33) take-or-pay provision means a contractual provision which obliges the buyer to take delivery of, or alternatively pay for, a specified minimum quantity of gas within a given period, regardless of whether the gas is actually received; (34) deliver-or-pay provision means a contractual provision which obliges the seller to pay a contractual fine in the case of a non-delivery of gas. ; (2) Article 14(6) is amended as follows: (a) in the first subparagraph, the following point is added: (c) to the Commission and to the competent authorities concerned the following information relating to gas supply contracts for gas that originates in or is exported, directly or indirectly, from the Russian Federation: (i) the information referred to in Article 5(1) of Regulation (EU) 2026/261 of the European Parliament and of the Council; (ii) information on the quantities to be supplied and taken, including possible flexibilities under take-or-pay provisions or deliver-or-pay provisions; (iii) delivery schedules (LNG) or nominations (pipeline gas); (iv) possible contractual flexibilities concerning the annual contracted quantities, including make-up quantities; (v) conditions for the suspension or termination of gas deliveries, including force majeure provisions; (vi) information on which law governs the contract and which arbitration mechanism is chosen; (vii) key elements of other commercial agreements that are relevant for the execution of the gas supply contract, excluding price information. (b) the following subparagraphs are added: The information referred to in point (c) of the first subparagraph shall be provided no later than 4 March 2026 and for each contract in a disaggregated format, including the relevant text parts in full, excluding price information, in particular where the full knowledge of the formulation of the contractual provisions is crucial for the assessment of the security of gas supply or where certain contractual provisions are interrelated. Providers of LNG terminal services shall provide the Commission with information concerning services booked by customers from the Russian Federation or by customers controlled by undertakings from the Russian Federation, including contracted services, affected quantities and contract duration. ; (3) in Article 17, the second paragraph is replaced by the following: The Commission shall continuously monitor the exposure of the Union’s energy system to supplies, also via third countries, of gas that originates in or is exported, directly or indirectly, from the Russian Federation in particular on the basis of information notified to the Commission and the competent authorities in accordance with Article 14(6), point (c). The Commission shall assess the implementation of the phase-out of gas that originates in or is exported, directly or indirectly, from the Russian Federation under Regulation (EU) 2026/261 at national, regional and Union level on the basis of the national diversification plans for gas referred to in Article 9 of that Regulation and report its assessment to the Gas Coordination Group. On the basis of the assessment referred to in the third paragraph, the Commission shall publish an annual report, which shall provide a comprehensive overview of the progress achieved by Member States in implementing their national diversification plans for gas. Where relevant, the Commission may issue, within three months of submission of a national diversification plan for gas, a recommendation which identifies possible actions and measures to ensure a secure diversification of gas supply and a timely phase-out of gas that originates in or is exported, directly or indirectly, from the Russian Federation. Following that recommendation, the Member State concerned shall update its national diversification plan for gas within three months, taking into consideration the Commission’s recommendation..