Directive (EU) 2019/692 amending Directive 2009/73/EC concerning common rules for the internal market in natural gas

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Series Details L 117
Publication Date 03/05/2019
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Summary:

Directive of the European Parliament and of the Council of 17 April 2019 amending the Gas Directive in order to improve the functioning of the European Union's internal energy market.

Background and further information:

While EU law in general applies in the territorial waters and the exclusive economic zone of EU Member States, Directive 2009/73/EC (the Gas Directive) does not explicitly set out a legal framework for gas pipelines to and from third countries. As a result, following legal analysis, it has been concluded that the rules applicable to gas transmission pipelines connecting two or more Member States, which fall within the scope of the definition of 'interconnector', are not applicable to such pipelines entering the European Union.

The amendment to the Directive aims to ensure that all major gas pipelines entering EU territory comply with EU rules, are operated with the same levels of transparency, are accessible to other operators, and are operated in an efficient way. This clarification intends to contribute to meeting the goals of the EU gas market, which include increasing competition between gas suppliers and providing a boost to energy security in the European Union. The proposed amendment was also a result of the debate around the construction of the Nord Stream 2 gas pipeline.

The European Commission presented the proposal on 8 November 2017. The European Parliament's plenary session adopted its negotiating position on 11 April 2018 and Member States' ambassadors backed a general approach on behalf of the Council of the European Union on 8 February 2019. An informal agreement between the institutions on a compromise text was reached on 13 February. The Parliament formally endorsed the draft amendment on 4 April, followed by the Council on 15 April.

Related Link(s)
Commentary and Analysis
EurActiv, 06/11/2017: Does EU gas policymaking take customers’ interest into account? https://www.euractiv.com/section/energy/opinion/does-eu-gas-policymaking-take-customers-interest-into-account/
Politico, 13/02/2019: Nord Stream 2: Who fared best https://www.politico.eu/article/the-winners-and-losers/
EurActiv, 13/02/2019: Jerzy Buzek: Deal on Nord Stream 2 is good for Poland and EU https://www.euractiv.com/section/energy/interview/jerzy-buzek-deal-on-nord-stream-2-is-good-for-poland-and-eu/
OSW: Analyses, 21/02/2019: The gas directive revision: EU law poses problems for Nord Stream 2 https://www.osw.waw.pl/en/publikacje/analyses/2019-02-21/gas-directive-revision-eu-law-poses-problems-nord-stream-2
ECFR: Commentary, 27/02/2019: Negative energy: Berlin’s Trumpian turn on Nord Stream 2 https://www.ecfr.eu/article/commentary_negative_energy_berlins_trumpian_turn_on_nord_stream_2
Euro|topics, February 2019: Compromise in row over Nord Stream 2 https://www.eurotopics.net/en/214610/
EPRS: Briefing, March 2019: Common rules for gas pipelines entering the EU internal market http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2018)614673

News
EUObserver, 20/10/2017: Legal tweak could extend EU control on Russia pipeline https://euobserver.com/energy/139570
Reuters, 04/11/2017: EU plans rule change to snag Russian pipeline https://uk.reuters.com/article/idUKL8N1NA0FF
EUObserver, 08/11/2017: New EU law takes aim at Russia pipeline https://euobserver.com/energy/139800
Radio Poland, 08/11/2017: EU proposes rules that could hit contested pipeline http://thenews.pl/1/10/Artykul/334150,EU-proposes-rules-that-could-hit-contested-pipeline
TASS, 09/11/2017: Germany slams European Commission's plans to take control over Nord Stream 2 http://tass.com/economy/974722
BBC News, 08/02/2019: Nord Stream 2: EU agrees tighter rules for Russian pipeline https://www.bbc.co.uk/news/world-europe-47170420
Politico, 10/02/2019: Franco-German alliance survives Nord Stream 2 scare https://www.politico.eu/article/france-germany-alliance-survives-nord-stream-2-scare/
Bloomberg, 12/02/2019: EU Reaches Deal on New Gas Law With Nord Stream 2 Loopholes https://www.bloomberg.com/news/articles/2019-02-12/eu-gets-deal-on-new-natural-gas-law-with-nord-stream-2-loopholes
Reuters, 13/02/2019: New EU rules on gas pipelines hamper Russia's Nord Stream 2 https://www.reuters.com/article/idUSKCN1Q20QM
Deutsche Welle, 13/02/2019: EU members and leaders agree on compromise for Nord Stream 2 https://p.dw.com/p/3DGxg
EurActiv, 13/02/2019: EU strikes deal on rules to govern Russia’s Nord Stream 2 pipeline https://www.euractiv.com/section/energy/news/eu-reaches-deal-on-rules-to-govern-russias-nord-stream-2-pipeline/

Official
EUR-Lex: COM(2017)660: Proposal for a Directive amending Directive 2009/73/EC concerning common rules for the internal market in natural gas https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2017:660:FIN
EUR-Lex: SWD(2017)368: Assessing the amendments to Directive 2009/73/EC setting out rules for gas pipelines connecting the European Union with third countries http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2017:368:FIN
European Parliament: Legislative Observatory: Procedure File for Proposal on internal market in natural gas: pipelines to and from third countries http://www.europarl.europa.eu/oeil-mobile/fiche-procedure/2017/0294(COD)
European Parliament: Legislative Train: Common rules for gas pipelines entering the EU internal market http://www.europarl.europa.eu/legislative-train/theme-resilient-energy-union-with-a-climate-change-policy/file-common-rules-for-gas-pipelines-entering-the-eu-internal-market
European Commission: Press Release, 08/11/2017: Commission takes steps to extend common EU gas rules to import pipelines http://europa.eu/rapid/press-release_IP-17-4401_en.htm
European Commission: Fact Sheet, 08/11/2017: Questions and Answers on the Commission proposal to amend the Gas Directive (2009/73/EC) http://europa.eu/rapid/press-release_MEMO-17-4422_en.htm
European Commission: DG Energy: News, 08/11/2017: Commission proposes update to Gas Directive https://ec.europa.eu/info/news/commission-proposes-update-gas-directive-2017-nov-08
Council of the European Union: Press Release, 08/02/2019: Gas directive: Council agrees negotiating mandate https://www.consilium.europa.eu/en/press/press-releases/2019/02/08/gas-directive-council-agrees-negotiating-mandate/
European Commission: Press Release, 12/02/2019: Commission welcomes provisional political agreement to ensure that pipelines with third countries comply with EU gas rules http://europa.eu/rapid/press-release_IP-19-1069_en.htm
European Parliament: Press Release, 13/02/2019: EU gas market: new rules agreed will also cover gas pipelines entering the EU http://www.europarl.europa.eu/news/en/press-room/20190212IPR25908/
Council of the European Union: Press Release, 13/02/2019: Gas directive: Provisional agreement on new rules for gas pipelines to and from third countries https://www.consilium.europa.eu/en/press/press-releases/2019/02/13/gas-directive-provisional-agreement-on-new-rules-for-gas-pipelines-to-and-from-third-countries/
European Parliament: Press Release, 04/04/2019: Natural gas: Parliament extends EU rules to pipelines from non-EU countries http://www.europarl.europa.eu/news/en/press-room/20190402IPR34673/
Council of the European Union: Press Release, 15/04/2019: Council adopts gas directive amendment: EU rules extended to pipelines to and from third countries https://www.consilium.europa.eu/en/press/press-releases/2019/04/15/council-adopts-gas-directive-amendment-eu-rules-extended-to-pipelines-to-and-from-third-countries/

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