– On 23 December, the EU Court has suspended execution of the decision of the European Commission on the OPAL, said Tuesday at a press conference the Chairman of the management Board of PGNiG Piotr Wozniak. He added that the court of justice in Luxembourg suspended the decision of the EC to the complaint of the Polish group, supported by the Polish government. It is not known when it will happen.
PGNiG at the beginning of December the Walloon province of Luxembourg to the Court of justice of the EU and the EC decision, which in late October freed Gazprom from the application of the antitrust laws of the EU third energy package of the OPAL gas pipeline V. This is the page of ground branch of the Nord Stream pipeline, which transportorul gas from Russia through the Baltic sea to Germany. After delivery to the German coast Russian gas flows in the OPAL pipeline through Germany along the border with Poland to the Czech Republic.
In mid-December a complaint PGNiG has supported our Ministry of Foreign Affairs, Poland also Walloon province of Luxembourg to the European court in Luxembourg, the decision of the EC, “Gazprom” – an exception to the European rules.
based On the decision of the EC office of the German Bundesnetzagentur (regulator, in particular in the electricity market) has concluded the contract with “Gazprom” on the basis of which Russian gas from January 1, can use the monopoly of the OPAL.
Brussels in favor of “Gazprom”
in Accordance with the European norms of the third energy package of the company that sells gas, can have exclusive rights to use the pipelines. Despite this, in 2009. the German Bundesnetzagentur office and the European Commission agreed to grant Gazprom the right to purchase for personal purposes 50%. the transmission capacity of the OPAL gas pipeline, which supplies Russian gas to Central Europe.
such a derogation from the EU legislation, the German authorities and the EC have agreed in the case of NEL, the other German branches of Nord Stream, through which Russian gas flows to Western Europe. This year the Bundesnetzagentur decided to go even more into the hands of “Gazprom” and to grant him a monopoly on the use of OPAL. This decision required the approval of the EC. At the end of October, the Commission approved the plan of the German authorities with only small changes, as argued press release Brussels. According to this message, the EC agrees that Gazprom used at least 80%. the power of the OPAL, assuming the acquisition by the company of the Russian concern the remaining 20 percent. the bandwidth of the pipe.
Due to the fact that Gazprom may increase gas deliveries to Baltic pipeline Nord Stream, reducing the transit of the raw materials to the West the main reason through Poland and Ukraine – as pointed out by PGNiG. According to the Polish concern it could disrupt gas supplies to Poland and Ukraine, creating a threat to energy security across Europe.
Strange silence EK
PGNIG zwlekało more per month zaskarżeniem decisions of the EC, waiting for its publication. Usually this happened within a few days after the decision. But in this case, the EC has still not published a decision. On a press-conferences the Chairman of the Board of PGNiG Piotr Wozniak said that the delay of the EC explained the negotiations with “Gazprom” about the privacy part of the solution.
In the petition to the Court of justice of the EU PGNiG has set the European Commission on 14 counts. They relate to the violation of treaties of the European Union and the functioning of the EU, as well as the Directive on common rules of internal natural gas market. The remaining charges relate, in particular, violations of competition rules in the European gas market, traktatowej the principle of legal certainty, regulation of protection of interests of third parties and proportionality, as well as the provisions of the agreement on Association of Ukraine with the EU.
the Polish group indicated that, in accordance with established practice, it is possible to appeal the decision of the EC on its publication. In mid-December, PGNiG pozwało also in court in Germany, the Bundesnetzagentur contract with “Gazprom” about OPAL. In the opinion of the Polish group was concluded with violation of the German administrative law.
Gazprom already reacting
on Monday evening the Russian news Agency “Interfax” with reference to the managing of OPAL wrote that “Gazprom” has increased gas filling pipe OPAL to 81%. and the Nord Stream pipeline, uses his powers of 97 percent.
on Tuesday, the representatives of PGNiG has determined that this publication is a reaction to EU Court judgment on suspension of the decision of the EC on OPAL. In accordance with the decision of the court in Luxembourg, “Gazprom” can not, as planned, to use from January 1, the full extent of this branch of Nord Stream. But if in fact the Russian company began to crowd the Baltic pipe more gas to Germany, this could represent an attempt to appeal the decision of the European Court method fact.
Officially on Tuesday, Gazprom and the Russian government does not skomentowały decisions of the Court of justice. The government press Agency TASS recalled only the statement of Vladimir Czyżowa, representative of Russia to the EU. Chizhov assured that the claim of PGNiG against the decision of the EC on OPAL “will have no consequences.” Because, according to Czyżowa the claim had to be supposedly filed too late and was too politicized.
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