Polish Briefing 18 February, 2019 9:00 am   
COMMENTS: Mateusz Gibała

Polish Briefing: Revision of the gas directive will change the business conditions of Nord Stream 2

What goes on in Poland on the 18th of February.

Buzek: The revision of the gas directive is a change in the business conditions of Nord Stream 2 asked Jerzy Buzek about the impact of the revised gas directive on Nord Stream 2. – The possibility that the EU gas law abruptly applies EU law, transparent rules on third party access and ownership unbundling was not taken into account. This is a total change in business conditions – said Buzek.

– The Directive may in many cases hinder the construction or change of business rules, i.e. for a monopoly, to worsen the proceeds and profits from such an investment – admitted the head of the Committee for Research, Industry and Energy in the European Parliament.

– There has not been any provision regarding what conditions apply in coastal waters of member states – he said. Each gas pipeline built from a third country has individual arrangements so far. Now these conditions are to be harmonized. Existing pipelines need to be adapted ex-post – he admitted.

– In contrast, new gas pipelines must be subject to this law. In the case of this one gas pipeline, which you are asking for all the time, and the Directive is to concern all of them, not one, I suspect that the possibility that EU law, transparent rules on third party access suddenly applies to this gas pipeline and unbundling. This is a complete change in business conditions – said Buzek. – If the delivery side agrees, then no problem.

When will the gas directive come into force?

– I expect this directive to work in June. All gas pipelines completed after June this year, if everything goes according to plan, and there are no threats for this plan yet, then the pipelines that are not fully assembled are subject to this regulation. First you have to finish the gas pipeline, then you have to start it. Such a gas pipeline is launched for many months to fill it with gas – said the former prime minister.

– We have always negotiated delivery terms. However, it has never been said that EU law should be applied. The Member State currently negotiating the new gas pipeline can not negotiate anything else than the legal conditions of the European Union. If it is now negotiating, it is only within the legal system of the EU, namely the third energy package – said the conference host.

– If it is not possible, the European Commission takes over the negotiations. The Member State has no right to change the law in the European Union. If the German side is ready to negotiate, it can negotiate rules corresponding to the regulations of the European Union. The European Commission can say that it prefers to do it alone. Because authorization of negotiations and their result before signature depends on it – summed up Jerzy Buzek.