Suspension by the Court of Justice of the Commission's exemption decision on the OPAL gas pipeline of 28 October 2016

17.1.2017

Question for written answer P-000224-17
to the Commission
Rule 130
Jacek Saryusz-Wolski (PPE)

On 28 October 2016 the Commission adopted a decision on the conditions for an exemption for the OPAL gas pipeline from the third-party access (TPA) rules of the Third Energy Package (TEP). This was challenged before the Court of Justice of the European Union by one of the parties affected. On 23 December 2016, the Court suspended the execution of the decision pending further investigation. However, according to the Interfax agency, on 26 December 2016 Gazprom increased its use of OPAL’s capacity to 81%.

1. What is the legal status of the increased flows through the pipeline in relation to the decision of the Court? Has the Commission been informed of any auctions held after the Court’s decision of 23 December 2016?

2. What steps has the Commission taken to ensure the execution of the decision of the Court suspending its exemption decision on OPAL of 28 October 2016?

3. The available PRISMA platform data suggest that an auction will be held on 6 March 2017, relating to OPAL’s yearly capacities for up to 15 years. What is the Commission’s position on this, bearing in mind the Court’s suspension of its abovementioned exemption decision?