Published 14 November 2017
On 8 November 2017, the European Commission tabled a new legislative proposal aiming at amending the definition of an "interconnector" under Article 2 (17) of Directive 2009/73/EC ("Proposal"). The current definition
interconnector' means a transmission line which crosses or spans a border between Member States for the sole purpose of connecting the national transmission systems of those Member States;
would be replaced by the following:
interconnector' means a transmission line which crosses or spans a border between member States or between member State and third countries up to the border of EU jurisdiction;
Thus extending the scope of EU energy law to pipelines bringing gas to the EU internal market.
Throughout the Proposal and the accompanying Commission Staff Working Document, the Commission is providing a variety of different reasons for the proposed change. Many of these reasons are however questionable, misleading or simply wrong. In order to properly understand the new Proposal, it is necessary to take a step back and examine the developments leading to the Proposal. This short note will first examine these earlier developments and then discuss the details of the Proposal.
Footnotes omitted from this introduction.