Terms and Conditions

1. The EU Energy and Raw Materials Platform (hereinafter 'the Platform') is a web application of the European Commission ('the Commission') for the collection and exchange of market data about demand and supply, demand aggregation and/or joint purchasing of energy-related products and raw materials.
2. The Platform hosts and supports the operation of web applications dedicated to specific products or groups of products ('the Mechanisms'): the Hydrogen Mechanism, the Raw Materials Mechanism, the Gas Mechanism.
3. The Platform is owned by the Commission and operated by the contractor selected as the service provider pursuant to Articles 43 and 52(2) of Regulation 2024/1789 ⁽¹⁾ and Article 25(7) of Regulation 2024/1252 ⁽²⁾ ('the Platform's operator').
4. These Terms and Conditions govern the relation and constitute the entire agreement between the Commission and Participants and, where relevant, their Users, as regards the conditions for access to and use of the Platform.
5. For the avoidance of doubt, these Terms and Conditions do not cover the relationship between possible suppliers and buyers of energy-related products and strategic raw materials. The possible negotiation and conclusion of any contract, including those related to the purchase or supply of energy-related products and raw materials, take place outside the Platform.
6. The relation between the Commission and the Platform's operator is not subject to these Terms and Conditions and is exclusively governed by the applicable contractual provisions. In accordance with such contractual provisions, the Platform's operator supports the Commission in the performance of the tasks referred to in these Terms and Conditions.

1. The Platform is open to undertakings in accordance with:
   1. Article 53 or Article 46 of Regulation 2024/1789 for participation, respectively, in the Hydrogen Mechanism or the Gas Mechanism;
   2. Article 25 of Regulation 2024/1252 for participation in the Raw Materials Mechanism.
2. Pursuant to the applicable provisions referred to in paragraph 1, buyers must be established in the EU.
3. By way of derogation to paragraph 2, buyers established in the Contracting Parties of the European Energy Community may participate in the Hydrogen Mechanism and the Gas Mechanism, provided that the conditions pursuant to, respectively, Articles 53(3) and 46(3) of Regulation 2024/1789 are met.
4. Financial institutions may participate in the Platform only in order to provide information about their available financial products and to engage with other Participants.
5. No fees are charged to Participants and Users for their participation in, or use of, the Platform.
6. Participants and Users are requested to agree explicitly to these Terms and Conditions and accept them at the stage of registration and subscription and before they use the Platform in any Round.

For the purpose of these Terms and Conditions, the following definitions apply:

1. Administrator-User: is a natural person granted by the Participant, via Power of Attorney, the legal capacity to fulfil the tasks defined in Article 7 and to operate on the Platform on their behalf.
2. Buyer: means off-taker as referred to in Article 52(2)(b) of Regulation 2024/1789 for the Hydrogen Mechanism, natural gas undertakings and undertakings consuming natural gas as referred to in Article 45(1)(a) of Regulation 2024/1789 for the Gas Mechanism, or undertaking consuming strategic raw materials as referred to in Article 25(1) of Regulation 2024/1252.
3. Declaration on Honour (DoH): means the document signed and uploaded by the -Administrator-User attesting that the Participant undertakes the commitments and complies with the requirements that are necessary to participate in the Platform.
4. 'EU Login' means the authentication service for accessing Commission web services with a single email and password ⁽³⁾.
5. 'Financial institution' means an institution, undertaking, entity, or branch, that is authorised by a competent authority to operate in the EU or in one of its Member States and that belongs to one of the following categories: monetary financial institutions as defined in Article 2 of Regulation (EU) 2021/379 of the European Central Bank, investment funds as defined in Article 1 of Regulation (EU) No 1073/2013 of the European Central Bank, financial vehicle corporations as defined in Article 1 of Regulation (EU) No 1075/2013 of the European Central Bank, insurance corporations as defined in Article 1 of Regulation (EU) No 1374/2014 of the European Central Bank, pension funds as defined in Article 1 of Regulation (EU) 2018/231 of the European Central Bank. This definition also includes Member States organisations as defined in Article 2(44) of Regulation (EU, Euratom) 2024/2509 that carry out financial activities, such as export credit agencies or national promotional banks, and international public-sector organisations that carry out financial activities and have been set up by international agreements to which the Union or at least two of its Member States are a party.
6. 'Gas Mechanism' means the mechanism for demand aggregation and the joint purchasing of natural gas pursuant to Article 42 of Regulation 2024/1789. The definition of natural gas in Article 2(1) of Directive 2024/1788 applies.
7. Hydrogen Mechanism: means the mechanism to support the market development of hydrogen pursuant to Article 52 of Regulation 2024/1789. In accordance with Article 2(28) of Directive 2024/1788, supply of hydrogen may include liquid organic hydrogen carriers or liquid hydrogen and hydrogen derivatives including ammonia or methanol.
8. 'Mechanism' means the web application dedicated to a specific product or group of products hosted under the Platform.
9. 'Participant' means the an undertaking referred to in Article 2(1), including a buyer or a supplier, or a financial institution pursuant to Article 2(4), and whose registration and subscription have been validated pursuant to Article 9.
10. 'Platform' means the web application of the European Commission referred to in Article 1.
11. 'Platform's operator' means the contractor selected following the call for tender EC-ENER/2024/OP/0053 and acting as the service provider pursuant to Article 25(7) of Regulation 2024/1252, and Articles 43 and 52(2) of Regulation 2024/1789.
12. 'Power of Attorney (PoA)' means the document signed by the Participant's legal representative according to the applicable rules of representation and uploaded by the Administrator-User to attest that he or she is legally empowered to act on behalf of the Participant.
13. 'Round' is the sequence of different sets of activities on the Platform - including for example the collection of demand requests or supply offers - conducted within a defined timeframe and under pre-determined conditions.
14. 'Raw Materials Mechanism' means the system to aggregate the demand of interested undertakings consuming strategic raw materials established in the Union and to seek offers from suppliers to match that aggregated demand pursuant to Article 25 of Regulation 2024/1252.
15. 'Submission' means a demand request or supply offer made by a Participant on the Platform during a Round.
16. 'Supplier' means supplier as referred to in Article 52(2)(c) of Regulation 2024/1789 for the Hydrogen Mechanism, natural gas supplier or producer as referred to in Article 45(1)(b) of Regulation 2024/1789 for the Gas Mechanism, or supplier as referred to in Article 25(1) of Regulation 2024/1252.
17. 'The Commission' means the European Commission represented by Directorate-General for Energy of the European Commission.
18. 'User' means the natural person appointed by the Administrator-User, in accordance with Article 7, to operate on the Platform on behalf of the Participant. Unless otherwise specified, references to Users in these Terms and Conditions include Administrator-Users.

1. Access to the restricted parts of the Platform is open only to Participants that have completed the registration and subscription process, and whose registration and subscription has been validated in accordance with Article 9(2).
2. Participants can access the Platform only via individual Users employed by or representing them.
3. To access the Platform, Users must obtain, in accordance with applicable procedures ⁽⁴⁾, an EU Login account connected to the professional email address that they hold as employees or representatives of the Participant.

1. In order to register and subscribe, the prospective Participant via the natural person who will act as Administrator-User must:
1. initiate the process of registering a Participant;
2. enter the required information on the Participant;
3. upload the extract of the commercial register or equivalent document that attests the Participants' establishment and lists its legal representatives. Such extract or document must have been issued not earlier than three months prior to the date of uploading;
4. enter the required information on the prospective Administrator-User;
5. upload the Power of Attorney (PoA) signed in accordance with Article 6. Where the Administrator-User is a legal representative of the Participant as attested in accordance with point c., signing and uploading a PoA is not required;
6. request the subscription of the Participant to one or more Mechanisms.
7. upload the Declaration on Honour (DoH) signed in accordance with Article 6.
8. agree to these Terms and Conditions and guarantee that the information provided throughout the registration and subscription process is accurate and complete.
2. By way of derogation from point f, financial institution seeking to participate pursuant to Article 2(4), must subscribe once to the Platform across all the Mechanisms. Where financial institutions possess an entity's ID published by the European Central Bank ⁽⁵⁾, they must provide it at the stage of registration and subscription.
3. Participants whose request for registration and subscription has been validated pursuant to Article 9, may request to subscribe to an additional Mechanism. In such case, the Administrator-User must carry out the actions pursuant to points f, g and h of paragraph 1. Article 9 applies to the validation of the request for subscription to the additional Mechanism.

1. The PoA and the DoH must be signed with e-IDAS compliant ⁽⁶⁾ Qualified Electronic Signature (QES).
2. Where, in exceptional cases, the Participant cannot sign the PoA and the DoH with e-IDAS compliant QES, the Participant may provide the PoA and the DoH with handwritten signature. In this case, the Participant must:
1. upload a scanned copy of the PoA and DoH with handwritten signature on the Platform;
2. keep the original of the signed PoA and DoH, and must provide it to the Commission or the Platform's operator upon request at any time for the necessary checks;
3. upload a copy of a valid ID document (passport or national identity card) of the signatory bearing a signature matching the one referred to in point a.

1. The functions and obligations of the Administrator-User include:
1. complete the registration and subscription process;
2. keep information and documents related to registration and subscription up to date;
3. accept these Terms and Conditions;
4. activate and deactivate features and services;
5. appoint and remove Users.
2. Only one natural person can act as Administrator-User for each Participant.
3. Where the natural person acting as Administrator-User can no longer perform its functions and obligations, the Participant must ensure that another natural person contacts the Platform's operator to register as the new Administrator-User.

1. Users guarantee that the information provided for registration for the account is accurate and complete. The Commission has at any time the right to verify the accuracy and validity of the information.
2. If the Commission has any reason to suspect that the information provided for the registration for an EU Login account is inaccurate or invalid, it has the right to refuse access and suspend or deactivate the account pursuant to Article 20(2)(b).
3. The means of access (i.e. the username and password) are strictly personal and Users are responsible for safeguarding their confidentiality and security and ensuring their appropriate use. Users must take all steps to prevent any unauthorised third party from gaining knowledge and making use of the means of access. Users must not transfer or sell their means of access to third parties. Users must notify the Commission immediately of the loss, theft, breach of confidentiality or any risk of misuse of the means of access.
4. If the Commission has any reason to suspect that the confidentiality or security of the means of access has been breached, it has the right to refuse access and suspend or deactivate the account pursuant Article 20(2)(c).

1. The Commission will to the best of its abilities take reasonable care to process swiftly requests for registration and subscription. The Commission does not guarantee that such requests will be validated in time to allow the participation of the requesting undertaking or financial institution in a specific Round.
2. Where the Commission concludes, based on the information provided, and after having performed any checks it considers necessary, that the Participant fulfils the relevant requirements, it will validate the Participant's request for registration and subscription.
3. The Commission may request further evidence, documentation or information at any time.
4. The Commission has the right and responsibility to:
1. Validate the registration and subscription of participants;
2. Perform the necessary checks;
3. Request corrections or additional information and documents, and
4. Reject the Participant's request for registration and subscription where it cannot establish that the Participant fulfils the relevant requirements.
5. The Commission may reject the Participant's request for registration and subscription, in particular:
1. where the Commission considers that the requesting undertaking or financial institution did not satisfactorily respond to a request for correction or to a request to provide additional information or documents within a given deadline;
2. where the Commission has any reason to suspect that the requesting undertaking or financial institution provided false or misleading information or otherwise engaged in misrepresentation;
3. for undertakings seeking to register and subscribe to the Hydrogen Mechanism, where the Commission has any reason to suspect that the requesting undertaking does not meet the requirements pursuant to Article 53(1) of Regulation 2024/1789;
4. for undertakings seeking to register and subscribe to the Raw Materials Mechanism, where the Commission has any reason to suspect that the requesting undertaking does not meet the requirements pursuant to Article 25(6) of Regulation 2024/1252;
5. for undertakings seeking to register and subscribe to the Gas Mechanism, where the Commission has any reason to suspect that the requesting undertaking does not meet the requirements pursuant to Article 46(1) of Regulation 2024/1789.
6. for entities seeking to subscribe as financial institutions, where they fail to provide the entity's ID referred to in Article 2(4) and the Commission has any reason to suspect that they are not financial institutions as defined in Article 3(5).
6. Where the Participant's request for registration and subscription is rejected, the natural person seeking to register the requesting undertaking or financial institution is informed of the reasons of such rejection.
7. The Commission is not liable for any damage suffered in connection with the rejection of a Participant's request for registration and subscription pursuant to this Article.

Users represent and warrant to the Commission upon subscription and each time they take any action on the Platform that Participants are duly organised, validly existing and in good standing under the laws of their jurisdiction of incorporation or establishment and that the declarations as given in the DoH are still fully valid.

1. Users warrant that they use the Platform in accordance with these Terms and Conditions, applicable laws, rules and regulations and, in general, in a responsible manner, and only for professional purposes and without breach of the rights of third parties.
2. Users are not permitted to make changes to the Platform.
3. Users may not:
1. upload, send or disseminate data containing viruses, worms, spyware, malware or other similar malicious programs;
2. carry out calculations, operations or transactions that may interrupt, destroy or restrict the functionality of the operation of the Platform or any program, computer or means of telecommunications related to the Platform;
3. engage in any actions that lead or could lead to the damaging or reduction in effectiveness of the Platform;
4. submit information or materials that infringe third party rights, are libelous, obscene, threatening or otherwise unlawful.
4. Users are fully and unconditionally responsible for any use of the Platform (including misuse of their means of access), and for any detrimental consequences that may arise directly or indirectly therefrom.
5. Participants acknowledge and accept that they are responsible for the actions and omissions of persons employed by or representing them, acting as Users of the Platform.
6. Participants and Users are liable for — and will indemnify and hold harmless the Commission against — any damage that results from:
1. changes made to the Platform or
2. use of the Platform in a manner that does not correspond with these Terms and Conditions.

1. Participants and their Users must act in compliance with these Terms and Conditions.
2. Administrator-Users must keep the information and related documents provided during registration and subscription up to date.
3. Where the Participant subscribed to the Hydrogen Mechanism, the Participant and its Users:
1. must use the Platform in accordance with Articles 52-54 of Regulation 2024/1789;
2. must use the Platform to the best of their knowledge and belief guided by the serious intention to submit demand requests or supply offers, aggregate, be matched, with a view to potentially concluding hydrogen and derivatives contracts outside the Platform;
3. are aware that the Platform is in any case not responsible for the actual conclusion of hydrogen and derivatives related contracts and that such contracts may be negotiated and concluded outside the Platform;
4. are aware that the information about financial products presented on the Platform do not entail any legal commitment or obligation on the part of the financial institution participating pursuant to Article 2(4) that provided them, and that financing contracts may be negotiated and concluded outside the Platform;
5. are aware that the information about infrastructure presented on the Platform is shared for information and illustrative purposes only and such information do not entail any legal commitment or obligation on the part of the European Commission.
4. Where the Participant subscribed to the Raw Materials Mechanism, the Participant and its Users:
1. must use the Platform in accordance with Article 25 of Regulation 2025/1252;
2. must use the Platform to the best of their knowledge and belief guided by the serious intention to submit demand requests or supply offers, aggregate, be matched, with a view to potentially concluding Raw Materials contracts outside the Platform;
3. are aware that the Platform is in any case not responsible for the actual conclusion of Raw Materials related contracts and that such contracts may be negotiated and concluded outside of the Platform.
5. Where the Participant subscribed to the Gas Mechanism, the Participant and its Users:
1. must use the Platform in accordance with Articles 42-51 of Regulation 2024/1789;
2. must use the Platform to the best of their knowledge and belief guided by the serious intention to submit demand requests or supply offers, aggregate, be matched, with a view to potentially concluding natural gas contracts outside the Platform;
3. are aware that the Platform is in any case not responsible for the actual conclusion of natural gas contracts and that such contracts may be negotiated and concluded outside of the Platform.
6. Where the Participant subscribed as financial institution pursuant to Article 5(2), the Participant and its Users:
1. must use the Platform to the best of their knowledge and belief guided by the serious intention to provide information about financing products available to support Participants subscribed to the Mechanisms and to engage with such Participants;
2. are aware that the Platform is in any case not responsible for the actual conclusion of contracts under any of the Mechanisms and that such contracts may be negotiated and concluded outside of the Platform;
3. agree and accept to only provide information about financing products which is also available from publicly accessible sources.
7. The Participant and its Users remain fully responsible for compliance with all applicable regulations, including but not limited to competition law.

Where the Participant subscribed to the Gas Mechanism, the Participant acknowledges the provisions on reporting laid down in Article 46(5) of Regulation 2024/1789.

1. The Commission will to the best of its abilities take reasonable care to ensure the availability of the Platform.
2. The Commission does not guarantee that the Platform will be available without interruption or degradation of service.

1. The planning or launch of a Round does not give rise to any liability, right to damages or legitimate expectation claims vis-à-vis the Commission.
2. The Commission may modify the planning of a Round, and the type, settings, sequence and timeline of a Round after its launch.
3. The Commission may cancel a Round after its launch.

Participants and Users acknowledge and accept that activities under the Platform and its Mechanisms do not have binding legal effects on, nor create contractual obligations between, Participants.

1. The Participant and its Users acknowledge and accept the design features and functionalities of the Platform and of the Mechanisms, as described - for illustrative purposes only - in the Users' guide.
2. Such design features and functionalities relate to in particular:
1. the role, limitations, and access rights of the User;
2. User's access to information on the Platform;
3. the way in which the User's personal data is shared with other Users;
4. the method and timeline to submit and withdraw demand requests or supply offers;
5. the ways in which their submissions can be aggregated and matched;
6. the ways in which information contained in the Participant's submissions can be aggregated, matched, and shared with other Participants and Users;
3. By making a submission under the Hydrogen Mechanism, the Participant expresses its consent pursuant to Article 52(2)(d) of Regulation 2024/1789 that the information collected on the Platform is shared with other Participants according to the design features and functionalities referred to in paragraph 1.

1. The Commission may assess the submission made by a User.
2. The Commission may reject the submission where, following the assessment pursuant to paragraph 1, the Commission has any reason to suspect that:
1. the submission does not correspond to a serious and realistic demand need or supply capacity, or
2. the submission is made with the intent or effect of manipulating the process under the Platform, or to undermine the Platform's credibility.
3. The Commission is not liable for the accuracy of information complementing a demand request or supply offer pursuant to point f of Article 17(2), or for possible errors that may occur in such process.

The Commission is entitled to modify the Platform by replacing, cancelling, adding, enhancing or further developing the functionalities and services of the Platform without notice at any time and at its sole discretion.

1. Users acknowledge that a User seeking to log in may be refused access if a session is already open on another computer where another User is using the same means of access (i.e. the same EU Login account name and password).
2. Participants and Users acknowledge and accept that the Commission may refuse access to the Platform in any situation where it considers that refusal of access is reasonably required, in particular if:
1. the Commission has any reason to suspect that the Participant or its Users do not comply with these Terms and Conditions, the declarations made in the DoH, or the conditions and requirements of Articles 53 and 54 of Regulation 2024/1789 for the Hydrogen Mechanism, Article 25 of Regulation 2024/1252 for the Raw Materials Mechanism, or Articles 46-48 of Regulation 2024/1789 for the Gas Mechanism;
2. the Commission has any reason to suspect that the information provided for the registration for an EU Login account is inaccurate or invalid;
3. the Commission has any reason to suspect that the confidentiality or security of the means of access (i.e. EU Login account name and password) have been breached or compromised;
4. the Commission has any reason to suspect that a Participant or its Users attempt to misuse the functioning of the Platform or the Mechanisms under it, jeopardise their functioning, or undertake fraudulent practices;
5. the Participant submitted a demand request or a supply offer that was rejected pursuant to Article 18(2);
6. the IT systems of the Commission are being attacked;
7. it is required under applicable laws or regulations;
8. it is required to avoid any detrimental impact for the Commission.
3. Where a Participant or one of its Users is refused access pursuant to paragraph 2, the Participant's and all its Users accounts on the Platform are suspended or deactivated.
4. In case of suspension, the Participant and all its Users do not have access to the Platform and are not able to use its functionalities during the period of suspension. At the end of this period, the accounts may be deactivated.
5. In case of deactivation, the Participant and all its Users do not have access to the Platform and are not able to use its functionalities on a permanent basis.
6. As a result of suspension or deactivation, the processes related to the Participant's participation in a Round may be cancelled and the related information may be removed.
7. In case of suspension or deactivation, the Participant is notified without delay. Where a Participant's account is deactivated, other Participants that were matched with such Participant are notified without delay.
8. If the Participant considers that suspension or deactivation are not justified, it may provide its observations by contacting the Platform's operator. The Commission will take these observations into account.
9. The Commission is not liable for any damage suffered in connection with the refusal of access, suspension or deactivation pursuant to this Article.

1. The European Commission may, at any time, vary, add to or delete any provision of these Terms and Conditions.
2. Users acknowledge and agree that such new Terms and Conditions enter into force with their publication on the Platform.
3. Participants and Users are requested to agree explicitly to the new Terms and Conditions and accept them before they use the Platform in any Round the first time after the date of entry into force of the new Terms and Conditions.
4. Any conflicting, deviating and/or supplementary provisions provided by the Participant regarding the content of these Terms and Conditions are hereby expressly rejected.

1. These Terms and Conditions must be deemed terminated vis-à-vis a Participant and its Users where:
1. The Commission no longer makes available the Platform, or
2. The accounts of the Participant and its Users have been deactivated pursuant to Article 20(3).
2. The Participant may terminate the application of these Terms and Conditions to its undertaking or financial institution at any time by cancelling their registration and subscription to the Platform and informing the Platform's operator thereof.
3. The termination of these Terms and Conditions entails the immediate deactivation of the accounts of the Participant and all its Users on the Platform. Upon deactivation, the Participant no longer has access to the Platform.
4. The termination of the Terms and Conditions does not affect any ongoing negotiation or the conclusion of contracts, which take place outside the Platform.
5. Those clauses that by their nature are expressly or implicitly intended to survive the termination or expiry of these Terms and Conditions must so survive, including but not limited to Articles 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27.

Any data submitted, collected, or generated via the Platform belongs and is available to the Commission. The Commission may use this data for purposes related to the Platform's objectives and operation.

1. Personal data submitted or otherwise collected through the Platform is protected in accordance with Regulation (EU) 2018/1725 and is subject to the privacy statement available on the Platform's privacy policy page.
2. The Controller for the personal data processed for the Platform is the Director of Directorate F, Energy Security and International Relations, in the Directorate-General for Energy of the European Commission.
3. The record of processing activities under the responsibility of the Controller is made publicly accessible on the Platform's privacy policy page.
4. Participants and Users are requested to agree explicitly to the Platform's privacy policy as set out in the privacy statement and accept it at the stage of registration and subscription and before they use the Platform in any Round.

1. The Commission does not take any responsibility for, or make any guarantee, in relation to any contract concluded between the Participants, including, in particular, as regards the actions, capabilities and performance of the contractual parties involved.
2. To the maximum extent permitted by the applicable law, the Commission may not be liable for any direct or indirect damage of any kind (including, but not limited, to the disruption of business, third party claims, loss of profits, anticipated savings, or goodwill), except in the event of wilful misconduct.
3. To the maximum extent permitted by the applicable law, the Commission cannot be held liable for gross negligence.
4. The Commission is not responsible or liable for any breach of these Terms and Conditions and applicable laws and regulations committed by a Participant or by the Platform's Users.
5. The Commission is not responsible or liable for any damage in case of force majeure, external cause or any other events which are not under its reasonable control.
6. Participants and Users are liable in accordance with Article 11(6).

1. Users must use the information collected or received in connection with the operation of the Platform exclusively for professional purposes for the Participant on behalf of which they act. Such information may only be distributed on a need-to-know basis. Users must apply the standards applicable in their undertaking or financial institution for handling sensitive information.
2. The Commission is not responsible or liable for breaches of the provisions in paragraph 1 committed by Users.
3. Commission's staff having access, in accordance with Article 23, to data submitted, collected, or generated via the Platform is bound by the provisions on professional secrecy laid down in Article 339 TFEU.

1. For issues relating to these Terms and Conditions, and access to or use of the Platform, the applicable law is EU law supplemented if, necessary, by the law of Belgium.
2. For such issues, pursuant to Article 272 TFEU, the General Court — or on appeal the Court of Justice of the European Union — has exclusive jurisdiction to settle any disputes, if they cannot be settled amicably.