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EU Commissioner for Energy

Statement on the Yamal-Pipeline and the Gas Agreement between Poland and Russia

Statement given at the margin of the 12th meeting of the Presidents of the Parliaments of the Regional Partnership

Warsaw, 4 November 2010

My services have met this morning with Deputy Minister Budzanowski. We welcome the clarifications he provided on the Operator Agreement between Yamal-owner "EuRoPol-Gaz" and the future operator of the pipeline "Gaz-System". Both sides emphasised the crucial role of further measures to be taken by the Polish Energy Regulator and the importance of the network code to be developed by Gaz-System. The Polish authorities will confirm in writing their commitment to ensure compliance with Polish and EU law through these implementing decisions.

We are satisfied with the outcome of the meeting as well as with the good cooperation with the Polish and Russian authorities on the renegotiation of the Intergovernmental Agreement on Yamal signed last week. The Intergovernmental Agreement provides a framework for cooperation at state level, whilst the Operator Agreement lays down further details in a commercial agreement between the companies.

We managed to ensure that the Intergovernmental agreement between Russia and Poland was brought into line with EU law. This means in particular that Gaz-System as pipeline operator will be responsible for concluding transmission contracts on a non-discriminatory basis and that Poland can re-export Russian gas delivered in Poland. The Intergovernmental Agreement no longer prevents Poland from complying fully with the 2nd and 3rd internal energy market package.

At today's meeting we have been provided with those provisions of the Operator Agreement that are relevant to our assessment on compliance with EU law. Both the Polish authorities and my services agreed that the Operator Agreement will have to be complemented by further implementation measures, such as a network code which will lay down the detailed procedures for:

  • the calculation of available capacity, based inter alia on the use-it-or-loose-it principle;

  • the allocation of available capacity by the operator on a transparent and non-discriminatory basis;

  • offering of reverse flow services;

  • non-discriminatory and cost-based tariff setting;

  • future expansion and development of Yamal;

Furthermore, when the third internal energy market package will be transposed into Polish law, additional measures will be needed for example to ensure compliance with the unbundling provisions. This includes certification of the operator by the Polish energy regulator subject to the Commission's approval.

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