No C 247/6 Official Journal of the European Communities 28. 9. 89 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on the transit of natural gas through the major systems 
COM(89) 334 final — SYN 206 
(Submitted by the Commission on 20 July 1989) 
(89/C 247/07) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100a 
thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas it is necessary to adopt the measures required 
to gradually complete the internal market by 31 
December 1992; whereas successive European Councils 
have recognized the need for a single internal market, 
and, in particular in Rhodes, the need for a single energy 
market; 
Whereas there must be greater integration of the 
European energy market if a single internal market is 
to be achieved; whereas natural gas is an essential 
component of the Community's energy balance; 
Whereas the objective of the single natural gas market is 
to ensure greater profitability and security of supply by 
freer trade but avoid unacceptable restrictions on compe­
tition; whereas the special nature of the natural gas 
sector must be taken into account in the pursuit of this 
objective; 
Whereas there is already increasing trade in natural gas 
each year between high-pressure gas transmission grids 
in Europe; whereas the Community's security of natural 
gas supply can be improved and costs can be reduced by 
coordinating the building and operation of the intercon­
nections required for such trade; 
Whereas it is possible and desirable to increase the 
number of interconnections to integrate more regions or 
even Member States which are not yet or are not fully linked up into the European transmission grid and, 
thereby, to improve the security and quality of natural 
gas supply; 
Whereas in the future interconnections between several 
Member States will need to be made to allow adequate 
supply and compliance with the natural gas transit obli­
gation and will have the effect of reducing non-technical 
obstacles; whereas compliance with this obligation 
constitutes a first stage in the development of the internal 
market for natural gas; 
Whereas this obligation must, at least at this stage, be 
confined to the transit of natural gas through high-
pressure grids; 
Whereas the financial, technical and legal conditions for 
such transit must, as a general rule, be worked out 
directly between the transmission companies concerned; 
Whereas the conditions of transit should be equitable 
and should not bring about, directly or indirectly, 
conditions contrary to Community competition rules; 
Whereas it is necessary, in order to realize this first stage 
of the internal energy market in satisfactory competitive 
conditions, to approximate legislative, regulatory or 
administrative provisions passed by Member States so as 
to provide a procedural framework for the formulation 
of these agreements in the most transparent manner; 
Whereas it could prove necessary for the Council to 
decide, before 1 January 1993, without prejudice to the 
Commission's own powers, complementary conditions 
governing the modalities of intra-Community transit, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Member States shall take the measures necessary to 
ensure compliance with the obligation for the transit of 
natural gas through high-pressure gas transmission grids 
in accordance with the conditions laid down in this 
Directive. 
28. 9. 89 Official Journal of the European Communities No C 247/7 
Article 2 
1. Transmission of natural gas under the following 
conditions shall constitute transit of natural gas through 
transmission grids within the meaning of this Directive: 
(a) the transport is carried out through the high-pressure 
gas grid on the territory of a Member State; . 
(b) the transport is carried out between Member States' 
gas companies. 
2. Operations involved in such transmission and 
contributing to the security and quality of natural gas 
supply shall be considered to form part of transit within 
the meaning of this Directive. 
3. The high-pressure natural gas transmission grids 
and the entities responsible for them, which are listed in 
the Annex, shall be covered by the provisions of this 
Directive. This list shall be revised whenever necessary 
by decision of the Commission. 
Article 3 
1. The conditions of natural gas transit through gas 
transmission grids shall be negotiated and agreed by the 
bodies responsible for the grids concerned. 
2. Member States shall take the measures necessary to 
ensure examination by the entities which come under 
their territorial jurisdiction of any request for transit 
according to the following conditions: 
— any request for transit shall, within eight (8) days, be 
communicated by the requesting entity or entities to 
the Commission and the national competent auth­
orities, 
— the responsible entities shall be obliged, within a 
maximum of one month, to open negotiations on the 
conditions of the natural gas transit requested. 
— the transit conditions must be equitable for all the 
parties concerned and should not include unfair 
clauses or unjustified restrictions, in particular, 
payment for transit must take account of the respon­sibilities of the entity responsible for transit for 
ensuring security of supply and contractual quality of 
service, 
— the Commission and the national competent 
authorities shall be informed, within eight (8) days, 
of any agreement on transit. 
— if, after 12 months following the communication of 
the request, negotiations have not achieved an 
agreement, the Commission and the national auth­
orities will be informed, without delay, by the 
interested parties who have to indicate their reasons. 
Article 4 
In the absence of due reasons for the failure to reach an 
agreement or if the reasons appear unjustified or insuf­
ficient, the Commission, acting on a complaint from the 
requesting body or on its own initiative, shall put in hand 
the procedures provided for by the Treaty or any other 
applicable provision of Community law. 
Article 5 
Before 1 January 1993, without prejudice to the 
Commission's own powers, the Council will decide — as 
far as it is necessary — complementary conditions 
governing the detailed rules of intra-Community transit. 
Article 6 
Member States shall bring into force the laws, regu­
lations .and administrative provisions necessary to comply 
with this Directive not later than 1 July 1990. They shall 
forthwith inform the Commission thereof and 
communicate to the Commission the provisions of 
national law which they adopt in the field covered by 
this Directive. 
The provisions adopted pursuant to the first paragraph 
shall make express reference to this Directive. 
Article 7 
This Directive is addressed to the Member States. 
No C 247/8 Official Journal of the European Communities 28. 9. 89 
ANNEX 
List of entities and high-pressure gas transmission grids 
Member State 
Federal Republic 
of Germany Entity 
Bayerngas GmbH 
BEB Erdgas und Erdol GmbH 
Deutsche Erdgas Transport GmbH 
Energieversorgung Weser-Ams AG 
(EWE) 
Erdgas Verkaufs-Gesellschaft mbH 
Ferngas Nordbayern GmbH 
Ferngas Salzgitter GmbH 
Gas-Union GmbH 
Mobil Oil AG 
Ruhrgas AG 
Saar Ferngas AG 
Thyssengas GmbH 
Vereinigte Elektrizitatswerke West-
falen AG (VEW) 
Westfallische Ferngas AG 
Energieversorgung Mittelrhein 
EWAG, Niirnberg 
Erdgas Schwaben GmbH 
Erdgas Siidbayern GmbH 
GEW Koln Grid 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
.28. 9. 89 Official Journal of the European Communities No C 247/9 
Member State 
Belgium 
Denmark 
Spain 
Greece 
Luxembourg 
Netherlands 
Italy Entity 
Gasversorgung Siiddeutschland 
Gasversorgung Siidhannover Nord-
hessen 
Hamburger Gaswerke 
Landesgasversorgung Niedersachsen 
Main-Gaswerke AG 
Schleswag AG 
Slidhessische Gas und Wasser AG 
Technische Werke der Stadt Stuttgart 
AG 
Thiiga AG 
GASAG, Berlin 
Distrigaz SA 
Dansk Naturgas A/S 
Empresa Nacional de Gas SA 
(ENAGAS) 
Catalana de Gas 
Gas de Euskadi 
DEPA 
SOTEG 
NV Nederlandse Gasunie 
Snam SpA Grid 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
Grid supplying end distributors (munici­
pal authorities, etc.) and major end 
consumers 
No C 247/10 Official Journal of the European Communities 28. 9. 89 
Member State 
France 
United Kingdom 
Ireland Entity 
Gaz de France 
.SNGSO 
British Gas 
Irish Gas Board Grid 
Public grid 
Public grid 
Public grid 
Public grid