BK7-22-086 Proceedings of Ruling Chamber 7

Proceedings on exemption from regulation in accordance with section 28a of the German Energy Industry Act (EnWG) upon application by Deutsche ReGas GmbH & Co. KGaA

Ruling Chamber 7 opened proceedings on an exemption from regulation in accordance with section 28a EnWG with the reference BK7-22-086 following an application by Deutsche ReGas GmbH & Co. KGaA based in Lubmin. Deutsche ReGas GmbH & Co. KGaA plans to construct and operate a floating liquefied natural gas (LNG) terminal with the project name "Deutsche Ostsee".

On 17 November 2022, Ruling Chamber 7 granted an exemption from regulation as provided for by section 28a EnWG in conjunction with Article 36 of Directive 2009/73/EC in response to a request from Deutsche ReGas GmbH & Co. KGaA for the Lubmin LNG facility; the exemption has been granted for the entire annual throughput capacity of 13.5 billion cubic metres and is limited to a period of 20 years from the start of commercial operation of phase I. 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.

On 20 December 2022, the European Commission issued a decision (C(2022) 9902 final). 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 European Commission's decision is binding in its entirety for the Bundesnetzagentur. Pursuant to Article 36(9) of Directive 2009/73/EC, the amendments required in the European Commission's decision must be implemented within a period of one month.

The European Commission decision has been published in a non-confidential version in German and English on the Commission website here.
Only the German version is binding.

The Bundesnetzagentur has implemented the European Commission's decision of 20 December 2022 in accordance with section 28a(3) EnWG and Article 36(9) of Directive 2009/73/EC and, on 12 January 2023, revoked the original exemption decision of 17 November 2022 and reissued it with the amendments required by the European Commission. A non-confidential version of the final exemption decision issued on 12 January 2023 (BK7-22-086-final) has been published in German and English. Again, only the German version is binding.

A non-confidential version of Ruling Chamber 7's original exemption decision of 17 November 2022 (BK7-22-086) has also been published.

Initial Decision

BK7-22-086_Beschluss vom 17.11.2022 (pdf / 2 MB)(German)

Final Decision

BK7-22-086-final_Beschluss vom 12.01.2023 (pdf / 2 MB)(German)
BK7-22-086-final_Beschluss vom 12.01.2023_Englisch (pdf / 2 MB)(English)

BK7-22-086