BK7-22-129 Ruling Chamber 7 proceedings

Ruling Chamber 7 opened proceedings on an exemption from regulation in accordance with section 28a of the German Energy Industry Act (EnWG) with the reference BK7-22-129 following an application by Wilhelmshaven-based Deutsche Grüngas und Energieversorgung GmbH (DGGEV). DGGEV, which is a subsidiary of Tree Energy Solutions GmbH (TES), plans to build a stationary liquefied natural gas (LNG) terminal in Wilhelmshaven.

On 21 March 2024, Ruling Chamber 7 granted an exemption for an annual throughput capacity of 15bn m3/a for a limited period of 20 years from the start of commercial operation. 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 29 October 2024, the European Commission issued a Decision (see Decision of 29 October 2024, C(2024) 7717 final). This Decision confirmed the original exemption granted by Ruling Chamber 7 without requesting any amendments. 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.

As the European Commission has not required any changes to Ruling Chamber 7’s exemption, the ruling chamber’s decision of 21 March 2024, which was initially issued subject to the notification decision of the European Commission, continues to apply.

The original and now final exemption approval (BK7-22-129) issued on 21 March 2024 has been published in a non-confidential version. Only the German version is binding.

Final Decision

BK7-22-129_Beschluss vom 21.03.2024 (pdf / 2 MB) (German)
BK7-22-129_Beschluss vom 21.03.2024_EN (pdf / 2 MB) (English)

BK7-22-129