Statement of the FNB Gas on the draft of the BMWK for the adaptation of the energy industry law to the requirements of EU law

The German Federal Ministry of Economics and Climate Protection has published a draft bill to amend the Energy Industry Act. The reason for this is a ruling by the European Court of Justice in September 2021, according to which the Federal Republic of Germany, by enacting a series of more specific normative regulatory provisions, has violated, among other things, the requirements of Union law on the independence of the regulatory authority under EU law. At the same time, the Act is intended to make other necessary changes to energy law, such as adapting the regulations on the security and reliability of energy supply.

Despite the short consultation period, FNB Gas is pleased to comment on the proposed amendments to the Energy Industry Act. However, due to time constraints, our comments are limited to individually selected regulations that directly affect transmission system operators (TSOs). The FNB also agrees with the statement of the German Association of Energy and Water Industries (BDEW). This addresses other key points in the current bill where urgent changes are also needed. This relates in particular to the draft’s policy guidance on regulation and requirements for regulatory agency decisions.

The TSOs generally support the political objective of accelerating measures to increase the capacity utilization of the extra-high voltage grid (electricity). However, these new regulations must not be at the expense of other infrastructure operators, such as TSOs, and their protection and safeguarding measures. For this reason, the TSOs welcome the current draft bill on the adaptation of energy industry law to EU requirements, as it represents an important building block for ensuring environmentally compatible energy supply security and for restoring the best possible safety of operating personnel and third parties as quickly as possible. However, in the view of the FNB, the proposed new introduction of Section 49c, in particular the provision in Section 49c(6), is inadequate.

The complete statement is available in the downloads.