As a result of joint work between France and Germany, the Romanian Presidency of the Council obtained, on Friday 8 February, a mandate to launch negotiations with the European Parliament on the proposal amending Directive 2009/73/EC concerning common rules for the internal market in natural gas (see EUROPE 12188). A first trilogue to negotiate on this issue is scheduled for Tuesday 12 February in Strasbourg.
The proposed amendment aims to extend the application of EU gas market rules to pipelines to and from third countries. The objective is also to supervise the controversial Russian Nord Stream 2 gas pipeline project.
Franco-German compromise. The Romanian Presidency welcomed the “broad consensus” among EU ambassadors (Coreper) in favour of a compromise text on an amendment to the Gas Directive, revised on Friday with suggested amendments presented by France and Germany.
The work on the Franco-German amendments has made it possible to clarify the application of EU law in the territorial waters of the Member State with the first interconnection point on the network. This makes it possible to clarify responsibilities between the Member States and the relevant regulators, in order to have more legal certainty.
“There was indeed an agreement that was only possible thanks to the close cooperation between France and Germany, under the Romanian Presidency of the EU. I very often see the French President, and there is close cooperation on all European issues”, German Chancellor Angela Merkel said in reaction on Friday.
Other points of the mandate. The negotiating mandate provides that technical agreements between transmission system operators concerning the operation of gas pipelines should remain in force, provided that they comply with Union law.
It sets out a procedure for the negotiation of agreements between EU Member States and third countries concerning the operation of a gas pipeline. Such agreements could, for example, resolve potential incompatibilities between EU law and the legislation of third countries.
According to the proposal, Member States wishing to enter into negotiations with a third country to conclude, amend or extend such an agreement that would have an impact on the EU's common rules would need to notify the Commission. For the part of the agreement that could have an impact on EU rules, the Commission would then authorise the Member State to enter into formal negotiations.
Germany had initial reservations about the proposal to amend the ‘gas’ directive. Like the vast majority of Member States, France, which had uncertainties about the security of supply and the effects on transit via Ukraine for the Nord Stream 2 project, has still supported the principle of the proposal on the table.
Nord Stream 2 completes Nord Stream 1, which is also managed by Gazprom. It will connect Russia and Germany under the sea via the territorial waters of five countries (Denmark, Finland, Germany, Sweden and Russia) and will double the amount of gas transported to Germany via this network.
The project involves the Russian giant Gazprom with several European companies: the German groups Wintershall and Uniper, the Dutch-British Shell, the French Engie and the Austrian OMV. (Original version in French by Lionel Changeur)