Brussels, 05/11/2010 (Agence Europe) - On visit to Warsaw on Thursday 4 November, European Energy Commissioner Günther Oettinger approved, in principle, the new gas contract between Poland and Russia. Warsaw will have to take supplementary measures to ensure the agreement is implemented in good and due form under EU law.
Sealed on 18 October, the new Russian-Polish gas contract provides for extension, until 2022, of supplies of Russian gas to Poland and for extension, until 2019, of the transit of Russian gas intended for Western Europe across Polish territory via the Yamal gas pipeline. It is an agreement whereby Russia will gradually step up its gas deliveries to Poland from 9.7 billion cubic metres in 2010 to 11 billion cubic metres in 2012, a volume that will remain unchanged in following years. Transit fees will be fixed by the EuRoPol-Gaz company which currently belongs to Russian gas giant Gazprom and to the Polish company PGNiG, which both hold 48% stakes, and which manages the Polish section of the Yamal pipeline. The Polish company, Gaz-System, will be the technical operator for the gas pipeline on the Polish section. The first version of the new Russian-Polish gas agreement had prompted reservation from the European Commission, which hoped to have the guarantee that other gas operators would have access to the Polish section of the gas pipeline, in compliance with European rules.
In a press release published after a meeting with the Polish deputy finance minister, Mikolaj Budzanowski, and his services, Oettinger said: “We welcome the clarifications he provided on the operator agreement between Yamal-owner EuRoPol-Gaz, and the future operator of the pipeline, Gaz-System. Both sides emphasised the crucial role of further measures to be taken by the Polish Energy Regulator and the importance of the network code to be developed by Gaz-System. The Polish authorities will confirm in writing their commitment to ensure compliance with Polish and EU law through these implementing decisions”. He welcomed the “good cooperation with the Polish and Russian authorities” on the renegotiation of the intergovernmental agreement on Yamal signed last week, which provides a framework for cooperation at state level, whilst the operator agreement lays down further details in a commercial agreement between the companies. “We managed to ensure that the intergovernmental agreement between Russia and Poland was brought into line with EU law. This means in particular that Gaz-System as pipeline operator will be responsible for concluding transmission contracts on a non-discriminatory basis and that Poland can re-export Russian gas delivered in Poland”, Oettinger explained.
Although the European Commission has guarantees that the provisions of the operational agreement are in line with its assessment of compliance with EU legislation, the Polish authorities should complete this agreement with additional measures such as a network code, which fixes detailed procedures for: - the calculation of available capacity, based inter alia on the use-it-or-loose-it principle; - the allocation of available capacity by the operator on a transparent and non-discriminatory basis; - offering of reverse flow services; - non-discriminatory and cost-based tariff setting; - and future expansion and development of Yamal. Also, the Polish regulator should certify the independence of Gaz-System, once Warsaw has transposed into national law the 3rd legislative package on liberalisation of the internal market.
The Commission expects that Poland will “very soon” provide the written assurances required, a source familiar with the dossier said on Friday. These assurances should include a timetable for correcting measures required in response to the infringement procedure initiated by the Commission against Warsaw relating to non-compliance in transposing the 2nd legislative package on liberalisation. (E.H./transl.jl)