Natural gas: common rules for the internal market
1991/0385(COD)
The common position incorporates in full or in part 38 amendments adopted by Parliament and
accepted by the Commission in its amended proposal. The Council reached unanimous agreement
on the text of the common position on the basis of the following general outline:
- the recently adopted directive for the internal market in electricity has served as the basis during
the discussion; objective reasons have been put forward in those cases where this directive differs
from the directive for the internal market in electricity;
- the Directive introduces competition in the natural gas sector in order to enhance the
competitiveness of the Community and to strengthen security of supply, while at the same ensuring
public service obligations;
- the internal market in natural gas shall be opened gradually on the basis of both qualitative and
quantitative criteria, but Member States may open their markets more quickly than required by the
Directive if they wish;
- the internal market in natural gas shall be achieved by creating a right of access to the system and
by making it possible to build new parallel pipelines; Member States may choose a system of either
negotiated or regulatory access, or both;
- access to upstream pipeline networks is needed to achieve a competitive market in natural gas, but
such access should have regard to the special economic, technical and operational characteristics of
such networks;
- access to the system and authorization to build and/or operate systems should be based on the
principles of objectivity, transparency and non-discrimination;
- refusal of access to the system shall be possible under certain circumstances; such refusals must
be duly substantiated; an independent authority shall be designated in each Member State to settle
disputes in relation to access to the system;
- derogations shall be possible in certain cases to take account of specificities of the natural gas
market; in particular, such derogations may be granted in order to avoid serious economic and
financial difficulties because of take-or-pay commitments;
- the differences between the national system have been recognized; thus, temporary derogations
shall also be possible concerning national markets and other geographically limited areas which have
not yet reached a developed natural gas market.
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