BK7-18-063_EN
Proceedings of the Ruling Chamber 7
Ruling Chamber 7 proceedings
On 30 November 2020, Ruling Chamber 7 granted an exemption from regulation as provided for by section 28a of the German Energy Industry Act (EnWG) in conjunction with Article 36 of Directive 2009/73/EC in response to a request from German LNG Terminal GmbH for the Brunsbüttel liquefied natural gas (LNG) facility; the exemption has been granted for the entire throughput capacity of 8 billion cubic metres per year and is limited to a period of 25 years from the start of commercial operation (hereinafter referred to as "the original exemption decision"). Further secondary provisions are attached to the exemption; most importantly, these provisions lay down rules and mechanisms for the management and allocation of capacity as referred to in the third subparagraph of Article 36(6) of Directive 2009/73/EC and thus guarantee permanent access to the LNG facility.
The original exemption decision was transmitted to the European Commission for the purposes of a final decision under Article 36(9) of Directive 2009/73/EC. The European Commission issued its decision on 25 May 2021. The decision confirms the duration and scope of the original exemption while also requiring the Bundesnetzagentur to amend its decision in some respects in accordance with Article 36(9) of Directive 2009/73/EC.
The Bundesnetzagentur has implemented the decision of the European Commission in accordance with section 28a(3) EnWG and Article 36(9) of Directive 2009/73/EC and, on 21 June 2021, revoked the original exemption decision and reissued it with the amendments required by the European Commission.
A non-confidential version of the original Ruling Chamber 7 decision of 30 November 2021 (BK7-18-063) has been published in German. An English translation is also available. The final exemption decision of 21 June 2021 (BK7-18-063-final) has also been published in a non-confidential version. An English translation is also available. In both cases, only the German version is binding.
The European Commission decision has been published in a non-confidential version in German and English on the Commission website here. Again, only the German version is binding.
BK7-18-063
Further information
German website
Beschluss vom 21.06.2021 (BK7-18-063-final) (pdf / 1 MB) (German)
Beschluss vom 30.11.2020 (BK7-18-063) (PDF / 65 MB) (German) (revoked by Decision of 21 June 2021, BK7-18-063-final)
Documentation
Summons to the proceedings for RWE Supply & Trading GmbH of 19 December 2019 (BK7-18-063-B1)
Decision
Decision of 21 June 2021 (BK7-18-063-final) (English) (pdf / 1 MB)
Stand: 28.09.2021