EU member states are preparing to discuss a final text amending a European Commission proposal to ban Russian gas imports. The latest version, dated Oct. 2 and seen by MLex, clarifies timelines for import prohibitions, differentiates reporting obligations by country type and confirms that the commission may suspend the ban in case of security-of-supply threats. It also adds provisions to shield EU importers from "illegal" dispute procedures. The text will be discussed by EU ambassadors Wednesday before going to energy ministers on Oct. 20.
EU members introduced their final tweaks to the European Commission’s proposal to phase out Russian gas imports in a leaked document dated Oct. 2 and seen by MLex. The text clarifies timelines for the different gas import prohibitions, differentiates reporting obligations by country type and confirms that the EU executive may suspend the ban in case of security-of-supply threats. The proposal, presented in June by the commission, aims to end new short-term gas contracts with Russian suppliers by year-end, terminate existing contracts by June 17, 2026, and end long-term gas arrangements by the end of 2027 (see here).
Both the European Parliament and the Council of the EU, representing member states, have been heavily negotiating the text to reach a compromise by year-end.
While Parliament’s energy and trade committees want to extend the ban to Russian oil, storage and oil-based products (see here), member states have kept the scope to pipeline and liquified natural gas — as originally proposed by the EU executive — and removed the prohibition on LNG terminal services.
“While it is important to prevent the potential risk that Russian companies could use long-term LNG terminal capacity reservations to block imports from alternative sources through capacity hoarding, the existing strong legal frameworks under national and European energy and competition laws were assessed to be sufficient to address this issue,” the leaked document says.
— Timing —
The document also clarifies timelines for the import ban. As previously reported (see here), member states deleted the January 2026 deadline for new short-term supply contracts with Russia. But the new date will not necessarily match the June 17, 2026, deadline for existing short-term contracts.
Instead, the ban will apply six weeks after the regulation enters into force “to provide time for economic operators to implement the Regulation.”
For long-term contracts, as well as short-term arrangements to landlocked countries, imports would be banned as of Jan. 1, 2028, as proposed by the commission. That date, however, conflicts with EU lawmakers, who seek to bring the ban forward by one year (see here).
If existing supply contracts were to be amended, they would be considered "new contracts" and would no longer benefit from the transition period until June 17 2026. Exceptions can be made for a limited set of changes, as listed in earlier versions of the document (see here).
— Reporting obligations —
To avoid heavy administrative burdens on non-Russian gas imports, member states proposed easing reporting requirements. EU importers will now need to provide only “proof of the country of production” rather than broader contractual details, as in the original proposal.
To further streamline customs procedures, member states also introduced prior-authorization requirements for gas imports, with a lighter regime when the country of production isn't Russia.
“In these cases, importers must provide proof of the country of production within 5 working days before the gas enters the customs territory. For Russian imports, where the full list of information is required, the deadline is one month,” the document says.
In addition, no prior authorization would be required for: gas-producing countries that exported more than 5 billion cubic meters of natural gas to the bloc in 2024; countries that have banned Russian gas imports; or those without infrastructure to import pipeline gas or LNG.
The EU executive should publish a list of such exempted members “within 5 days of the entry into force of the Regulation.”
— Ban suspension —
The original proposal allowed the commission to suspend the ban temporarily if security-of-supply threats were detected in one or more EU countries. While lawmakers removed this option, member states restored it and clarified in a recital “which type of sudden and significant developments seriously threatening the security of supply may trigger the temporary suspension of the gas import prohibition by the Commission.”
The EU executive may also suspend prior-authorization requirements for imports in case of energy-security risks, the text says.
— Dispute settlement—
To reinforce legal certainty and protect EU companies from penalties, member states included a clause stating that “in view of the recent practice of the Russian Federation to unilaterally change and impede agreed court and arbitration procedures,” neither EU countries nor their companies can be held liable for “any judgments, arbitral awards, or other judicial decisions adopted under illegal procedures against which no remedies are effectively accessible under the relevant jurisdiction.”
— EU executive tasks —
To facilitate implementation, member states asked the commission to submit an implementation report within two years of the regulation’s entry into force.
EU countries should also receive the commission’s recommendations on their national diversification plans for both Russian gas and oil three months after submitting those plans.
The text will be discussed by EU ambassadors Wednesday before going to energy ministers on Oct. 20.
Once finalized, member states will negotiate a final proposal with lawmakers, with the aim of adoption by year-end.
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