Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-09-11-Speech-2-111-000"

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"Madam President, since my colleague Mr Oettinger has mentioned the competences in terms of sound operation of the market, through the instruments for which I am directly responsible, I would like to state once again here in Parliament, before you all, what was made public a few days ago regarding the opening of an investigation into the possible infringement of Article 102 of the Treaty concerning certain activities by the company Gazprom in at least eight Member States. If you recall, last year, a series of inspections were carried out in plants that belonged to companies that have signed long-term contracts with Gazprom or with its subsidiaries or companies associated with the Gazprom group. In the light of the information obtained from those inspections, and also based on some complaints received from Member States, the Commission, through the Directorate-General for Competition, has thoroughly analysed this whole case and has concluded that there are serious questions regarding possible infringements by Gazprom within our internal market in relation to three aspects, which concern several of the matters that you raised in your previous questions and in the previous debate. Firstly, we think there are serious questions regarding a possible infringement relating to fracturing or fragmentation of the market, with prohibitions signed or included in agreements concluded by Gazprom within the European Union or with agents operating within the European Union. This fragmentation of the market consists of prohibiting exports of the gas received from Gazprom to other EU Member States. This is clear fragmentation of the internal market. The second objection is the indexation of prices included in long-term gas supply agreements or in similar clauses, with a similar effect. We believe that the conditions that existed in the gas market several decades ago have changed substantially and are changing fast, firstly due to the existence of a spot market for natural gas and also due to the changing conditions of the global market with gas produced by the technique known as fracking and shale gas. This means that there is no longer the same justification for price indexation in long-term contracts as there was in the past, and according to our analysis, it does not comply with market principles; in other words, the interaction between supply and demand that must exist in a market and which we want to exist in our internal market. The third objection is that we think that some of the clauses or conditions established in these long-term contracts create barriers that make it difficult for possible competitors to operate in the market and restrict competition, in particular through, for example, conditions relating to compulsory entry points for gas for those signing a supply contract. This is the basis for our opinions. What we have done, of course, is open the investigation. Gazprom has been notified and questionnaires have been and are being sent out in order to gather information, not only from Gazprom and its customers here in the EU, but also from all the wholesalers in the gas market and parties concerned in the wholesale gas market that can contribute to ensuring that the competition rules under Article 102 of our Treaty are fully respected. As you know, the Commission’s responsibility in terms of competition policy is to apply the Treaties and make sure they are applied, in particular, Articles 101 and 102, irrespective of the ownership, nationality or location of the companies operating in our market. The nationality of the company is of no concern to us, nor does it concern us who are the owners or shareholders of the company, whether private or public. We are concerned with the impact of a company’s business on the internal market, and therefore we have opened this investigation, just as we have opened many others in the energy, electricity, gas and many other sectors. I believe it was important to take this opportunity to inform you of this, as there have been some statements made seeking to divert attention away from our sole objective when opening anti-trust investigations: protecting the sound operation of the market. With regard to energy, this is particularly important for all Europeans."@en1
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