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“Active participation” in gas negotiations could avoid “undue pressure or market distortions,” caused by inter-governmental agreements (IGAs) with “countries not respecting European rules”, the draft said. The IGAs would be assessed to ensure they comply with EU energy market and supply security rules in a “mandatory pre-consultation” with the Commission.
EU governments must currently notify the executive of IGAs that affect the internal energy market or supply security. Revisions to these 2012 rules should broaden this scope to other types of contracts, the draft said.
While some member states may bristle at a perceived Brussels power grab, the drive for “mandatory pre-consultation” stems from a series of IGAs signed by Russia and six EU countries; Bulgaria, Hungary, Greece, Slovenia, Croatia and Austria.
The secretive deals with Russian state monopoly Gazprom fell afoul of EU state aid and competition rules. These breaches froze the Russian sponsored South Stream gas pipeline, which was later cancelled by Moscow.
A Commission communication on the Energy Union is scheduled for publication on 25 February. The draft is dated 30 January, is under inter-service consultation and subject to change.
Russia and Ukraine
The Energy Union is the EU’s response to the Russian threat to its gas supplies. The majority of Russian gas imports to the EU, about 30% of its annual needs, goes through Ukraine.
In 2009, Russia turned off the taps, causing shortages in the EU.
Since then, the situation has worsened with the annexation of Crimea, the shooting down of the Malaysia Airlines flight by Russian backed separatists, and EU sanctions on Russia.
Most recently, pro-Russian rebels were shelling encircled Ukrainian government forces leaving a European-brokered peace deal on the point of collapse.
Despite this, the EU “will consider reframing the energy relationship with Russia” at “the appropriate time”.
But this would only be based on a level playing field in terms of fair competition, opening up the market, and environmental protection and safety, according to the draft.
In the meantime, particular attention will be paid to upgrading the strategic partnership on energy with Ukraine, which the document described as an important transit country.
The EU imports 53% of its energy, making it the largest energy importer in the world.
The draft sets out a series of measures to diversify the EU’s energy suppliers. A new energy and climate diplomacy push will support this effort, the draft said.
The EU will use “all its foreign policy instruments” to make deals with producing and transit countries such as Algeria, Turkey, Azerbaijan, Turkmenistan and Iran, the Middle East and Africa.
Work on the Southern Gas Corridor, a European Commission initiative, needed to be intensified, to facilitate Central Asian gas exports to Europe.
The Commission will develop a comprehensive liquefied natural gas (LNG) and storage strategy, as it develops energy infrastructure across the EU. LNG is not dependent on pipes for transport, meaning it can be supplied by countries from other continents.
LNG hubs in Northern Europe had enhanced supply security, the paper said. Similar hubs for multiple suppliers should be set up or completed in Central and Eastern Europe and the Mediterranean area.
The executive believes that gas can complement renewable energy, and offer a lower carbon energy alternative in many member states.
The EU could collectively buy gas in times of crisis and break supply monopolies, according to a draft plan for the EU Energy Union.
But any such move would be on a voluntary basis, and get scrutinised, in order to ensure it does not breach World Trade Organisation laws or competition law, it warned.
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