Directive (EU) 2019/692 (Text with EEA relevance.)

What it is

to extend common rules for the internal market in natural gas to gas pipelines from third countries. PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: an integrated gas market is the cornerstone of the Energy Union and a key priority of the European Commission. Directive 2009/73/EC (the Gas Directive) has made a significant contribution towards the creation of the internal market in natural gas. However, it does not explicitly set out a legal framework for gas pipelines to and from third countries. The Committee on Industry, Research and Energy adopted the report by Jerzy BUZEK (EPP, PL) on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/73/EC concerning common rules for the internal market in natural gas. As a reminder, the proposal aims to complement the Gas Directive (2009/73/EC) to render the rules currently applicable to EU-internal pipelines also applicable to pipelines to and from third countries. The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows: Scope : the rules established by the Directive for natural gas, including liquefied natural gas (LNG), should also apply, on a non-discriminatory basis, to biogas and gas from biomass, green hydrogen and synthetic methane produced from renewable energy sources or other types of gas, insofar as it is technically feasible to inject and safely transport them into the natural gas network. The applicability of Directive 2009/73/EC for gas pipelines to and from third countries remains confined to the territorial limit of Union’s jurisdiction . As regards offshore pipelines, the Directive shall be applicable in the territorial waters and exclusive economic zones of the Member States, in accordance with the United Nations Convention on the Law of the Sea (UNCLOS). New infrastructures : major new gas infrastructure, i.e. gas interconnectors, LNG and storage facilities starting commercial operation after 1 January 2019, may, upon request, be exempted, for a defined period of time of not longer than 5 years , from the provisions of the Directive if a number of cumulative conditions are fulfilled. Members stipulated that the exemption must not be detrimental to competition in the relevant markets which are likely to be affected by the investment, to the effective functioning of the Union’s internal market in natural gas, the efficient functioning of the concerned regulated systems, or to the diversification and security of supply of natural gas to and within the Union or any Member State. Before adopting the decision, the national regulatory authority shall consult: the national regulatory authorities of the Member States the markets of which are likely to be affected by the new infrastructure; and the relevant authorities of the third countries , where the infrastructure in question is under the jurisdiction of a Member State…

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