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10.11.2016 PGNiG: Increased Gazprom access to OPAL gas pipeline is extremely disadvantageous to all CEE countries
On October 28th 2016, the European Commission announced that it would increase Gazprom access to the OPAL pipeline capacity. As the text of the decision has not been disclosed to the public yet, PGNiG Polish Oil & Gas Company is unable to take any legal steps. Therefore, today PGNiG has requested the Commission to promptly publish the OPAL decision.
On October 28th 2016, the European Commission announced that it would increase Gazprom access to the OPAL pipeline capacity. As the text of the decision has not been disclosed to the public yet, PGNiG Polish Oil & Gas Company is unable to take any legal steps. Therefore, today PGNiG has requested the Commission to promptly publish the OPAL decision
“Increasing Gazprom’s access to the OPAL pipeline capacity from 50% to 80% is extremely disadvantageous to all of Central and Eastern Europe. We are prepared to take any available legal action against the European Commission and German energy regulator Bundesnetzagentur to confirm the decision’s incompliance with EU acquis. Therefore we are calling on the Commission to publish the decision as soon as possible,” said Piotr Woźniak, President of the PGNiG SA Management Board . “We have already established cooperation with highly recognised legal company Kancelaria Prawna Kochański, Zięba i Partnerzy, who will be supported by Professors Cezary Mik and Marek Szydło. We also intend to take any other legally allowed measures to stop the actions which we consider jeopardizing Europe’s energy security,” Piotr Woźniak added.
The European Commission announced its approval of the earlier Bundesnetzagentur decision on October 28th 2016. However, the Commission announcement was made via press release only and thus currently rendered PGNiG unable to take any legal steps. A decision of the European Commission may be challenged in court only after its official publication, within two months from the publication date.
The Polish government, PGNiG as well as number of other companies from the CEE region all agree that granting Gazprom access to more capacity of the OPAL pipeline will increase its monopolistic position.
Gazprom’s access to the OPAL’s transmission capacity will be increased to 80%. This means that the Russian company will be able to bring even up to 20 bcm/year more gas to Germany via Nord Stream 1.
OPAL is a transmission pipeline running through Germany along the Polish-German border, with a maximum capacity of approximately 35 bcm. It is an extension of the Nord Stream 1 pipeline. The entry point is situated in Greifswald by the Baltic Sea and the exit point in Brandov on the Czech-German border.
PGNiG Polish Oil & Gas Company will act with equal determination if the Commission decides to refrain itself from imposing penalties or fines on Gazprom for violating competition law on the gas market in Central and Eastern Europe. For this purpose the Company will also establish cooperation with highly recognised legal advisers experienced in proceedings before the Court of Justice of the European Union.
PGNiG SA Communications Department
