Secretariat’s Opinion on the Albanian regulatory authority’s exemption decision for the TAP pipeline project

On May 16, 2013

The Secretariat today gave its Opinion on the decision adopted by the Albanian energy regulatory authority (ERE) to grant exemptions to the Trans-Adriatic Pipeline (TAP) pipeline project from certain requirements of the acquis communautaire. The TAP project plans to transport gas produced at the Shah Deniz 2 field in Azerbaijan from Greece via Albania and across the Adriatic Sea to Southern Italy and to further markets in Europe. In March 2013, the ERE, together with the regulatory authorities of Greece and Italy, granted a conditional exemption from requirements under European energy law, such as unbundling, third-party access and tariff regulation, to certain aspects of the projects.
As a Contracting Party to the Energy Community Treaty, Albania applies the accquis communautaire. Under Directive 2009/73/EC, as part of the so-called Third Package adopted by the Ministerial Council in 2011, the Secretariat is called upon to give its Opinion on a Contracting Party’s decision to grant exemptions from the acquis to major new gas infrastructure.
In its Opinion, the Secretariat underlines TAP’s potential for enhancing the development of gas markets and security of supply in Albania and the entire South East Europe. With an exit point expected to be built in Albania, customers in this country can be supplied with gas and electricity generated from gas, which hitherto is not the case. For the wider region, the TAP pipeline is expected to interlink with the planned Ionian Adriatic Pipeline (IAP), and may become a major element of the Energy Community Gas Ring.
In balancing the overall benefits by TAP with the potential risks of an exemption from fundamental principles of Energy Community law, the Secretariat’s Opinion invites ERE to include a number of additional conditions in its decision. They mostly relate to the facilitation of constructing exit point(s) in Albania, ensuring non-discriminatory treatment, increasing transparency, and the prevention of dominance on the future and present energy markets in Albania
Requests for additional information should be addressed to Mr Dirk Buschle per email or +43 664 849 80 47.
Here you may find the complete opinion.

energjia.al, 16.05.2013