The Romanian Presidency of the Council of the European Union and the European Parliament negotiators reached a political agreement in the early hours of Wednesday 13 February in Strasbourg, regarding the proposal amending Directive 2009/73/EC concerning common rules for the internal market in natural gas (see EUROPE 12190, 12188).
It therefore took only one trilogue (European Commission, Council of the European Union, European Parliament) to reach a compromise on the proposal to extend the application of EU gas market rules to pipelines to and from non-EU countries. The objective is also to supervise the controversial Russian Nord Stream 2 gas pipeline project. The agreement was facilitated by a Franco-German compromise.
New gas pipelines from non-EU countries. The new rules give exclusive competence to the EU when it comes to agreements on new gas pipelines with non-EU countries. The Member State in which the pipeline’s first entry point is located shall consult the non-EU country concerned before deciding on an exemption based on EU rules. The Commission will make the binding decision on whether or not to grant the exemption. In the event of disagreement with the Member State, the Commission's opinion shall prevail.
The Commission may also authorise a Member State to open negotiations with a non-EU country, unless it considers this to be in conflict with EU law or detrimental to competition or security of supply. Before signing such an agreement, the Member State shall notify the text of the agreement to the Commission and receive its authorisation to sign it. The European Parliament also included in the text that under no circumstances should an agreement between a Member State and a non-EU country lead to the implementation of this directive being delayed. Member States will have nine months to bring their national legislation in line with this directive.
Existing gas pipelines. For derogations relating to existing pipelines (connected to EU pipelines before the entry into force of this directive), the Member State in which the first point of entry of the pipeline is located may derogate from the new rules, provided that this derogation is not detrimental to competition in the EU. Member States can decide on a derogation within one year after the entry into force of this directive. If the pipeline is located in the territory of more than one Member State, the Member State of entry shall consult the other Member States before granting such a derogation.
Rapporteur Jerzy Buzek (EPP, Poland) welcomed the fact that with this agreement, all future gas pipelines from non-EU countries, including Nord Stream 2, will have to abide by EU rules.
"Today, Europe is closing a gap in the EU's legal framework", said Climate Action and Energy Commissioner, Miguel Arias Cañete. He confirmed that "the new rules ensure that EU legislation will apply to all pipelines transporting gas to Europe and that all those interested in selling gas in Europe comply with EU energy legislation".
The agreement has yet to be formally approved by the European Parliamentary Committee, the European Parliament plenary and the Council of the European Union. The directive will enter into force 20 days after publication in the Official Journal. (Original version in French by Lionel Changeur)