TAP exempt from certain Third Package
requirements
24 Mar 2015
Today the ECS issued a positive Opinion on the
decision adopted by the Albanian energy regulatory authority (ERE) to prolong
the exemption granted to the Trans-Adriatic Pipeline (TAP) project from certain
requirements of the Third Energy Package. The Secretariat gave its original
Opinion in March 2013, which supported the exemption of TAP from certain
requirements on third party access, tariff regulation and ownership unbundling
under strict conditions and for a period limited to 25 years.
The exemption was made conditional on TAP being
put into operation no later than 1 January 2019. Due to events beyond its
control, the Trans Adriatic Pipeline AG company requested a postponement of the
date by which the commercial operation would take place until 31 December 2020.
The new Opinion was necessary in order for the exemption to retain its effect.
Under the Third Energy Package, electricity and
gas TSOs as well as operators of storage or LNG facilities are required to
grant energy companies non-discriminatory access to their infrastructure. They
must offer the same service to different users under identical contractual
conditions. In certain circumstances however, major new infrastructure may be
exempt from elements of third party access. Exemptions are subject to strict
conditions.
Opinions on exemption decisions are one of the
new tasks of the Secretariat stemming from the Third Energy Package. The
Secretariat is also obliged to issue Opinions on the certification of
Transmission System Operators.