On Friday 8 February, the Romanian Presidency of the Council will submit to the delegations of the EU countries a compromise text on the proposal amending Directive 2009/73/EC concerning common rules for the internal market in natural gas (see EUROPE 12186).
The objective for the Romanian Presidency is to obtain from the EU ambassadors (Coreper), “a general mandate for negotiating a first-reading agreement with the European Parliament” on the basis of the compromise text presented. The Romanian Presidency considers that the text represents a “careful balance” between those Member States which supported the initial Commission proposal and those Member States which needed further clarity within the text. The amendments are intended in particular to provide a framework for the controversial Russian Nord Stream-2 gas pipeline project (see EUROPE 12176).
The amendments proposed by the Commission aim to ensure that the principles of EU energy law, based on the Third Energy Package on market liberalisation (third party access to the network, pricing rules, ownership unbundling and transparency), apply to all pipelines to and from third countries up to the border of the EU territory.
The Romanian Presidency's compromise text provides in particular for a new Article (48a) on technical agreements concerning the operation of transmission lines (the Directive does not affect the freedom of transmission system operators to maintain in force or to conclude technical agreements concerning the operation of transmission lines between a Member State and a third country, insofar as such agreements are compatible with Union law). A new Article (49a) clarifies the derogations concerning transmission lines to and from third countries (such a derogation should not apply to gas transmission lines between a Member State and a third country which is required to transpose and implement this Directive into its legal order by virtue of an agreement concluded with the European Union).
A new article is planned on the authorisation procedure: - existing agreements between a Member State and a third country on the operation of a transmission line may be maintained in force until another agreement between the Union and the same third country enters into force; - where a Member State intends to enter into negotiations with a third country in order to amend, extend, adapt, renew or conclude an agreement on the operation of a transmission line with a third country, it shall notify the Commission at least 5 months before the intended start of the negotiations; - following notification, the Commission shall authorise the Member State which has so requested beforehand to open formal negotiations with a country for the part that may affect the common rules of the Union.
To read the compromise text: https://bit.ly/2HW6n6O. (Original version in French by Lionel Changeur)