Stefano Maullu Deputato al Parlamento Europeo President,

Boyko Borisov President of the Council (January- June 2018)

Frans Timmermans First Vice-President of the (Better Regulation, Interinstitutional Relations, the Rule of Law and the Charter of Fundamental Rights)

Maroš Šefčovič Vice-President of the European Commission for Energy Union

Miguel Arias Cañete for Climate Action and Energy

Jerzy Buzek Chair of the ITRE Committee, European Parliament

Brussels, 10 January 2018

Dear Presidents, Dear Vice Presidents, Dear Commissioner, Dear Chair,

We would like to bring to your attention several critical issues related to the European Commission’s proposal for amendments to the Gas Directive 2009/73/EC.We are concerned about a deviation from established decision-making practice and the principles of better regulation, a key priority of President Juncker and First Vice-President Timmermans which we fully support.

1. The European Commission’s proposal envisages the expansion of the rules of the EU Gas Directive to all existing and future onshore and offshore external gas pipelines. The wording of the proposal seems to significantly change the scope of the existing legislation. It touches upon investment framework and multibillion infrastructure projects. We believe that it is important to make sure that these amendments are subject to ordinary legislative scrutiny by the Members of the Parliament.

2. However, as we understand, no in-depth evaluation of their impact was carried out, nor 12-week stakeholder consultations of such an impact assessment were held prior to the announcement of the proposed amendments. At the same time, the absence of relevant data and a tight timeline for the fast legislative procedure could undermine adequate scrutiny of the proposed legislation by the co-legislators.

3. This concerns in particular the deliberations in the European Parliament. We do appreciate that the Commission on December 6th provided an online-tool for public feedback about the proposed legislation. However, while the deadline for stakeholder feedback has been set for January 31st 2018, the deadline for proposed amendments in ITRE is already on January 16th. This means that ITRE members cannot take full account of stakeholder feedback about the proposed legislation when they are proposing possible amendments. This is particularly problematic, since the Commission did not provide an impact assessment and did not conduct a public consultation in advance of launching the legislative initiative. Such an approach is not in-line with the Commission’s own Better Regulation Guidelines and with the Interinstitutional Agreement of 13 April 2016.

On the basis of these considerations we request: - that the Commission addresses the shortcomings of the legislative preparations by providing a thorough assessment of impacts from the proposed legislation; - that the President of the European Parliament and the Chair of the ITRE Committee ensure an appropriate timeframe for the discussion of the proposed amendments to the Gas Directive.

We remain at your disposal for further debates and initiatives on this important issue.

Sincerely,

Stefano Maullu

Aldo Patriciello

Peter Kouroumbashev

Markus Pieper

Hermann Winkler

Joachim Zeller

Martina Werner

Werner Langen

Neoklis Sylikiotis

Aymeric Chauprade

Tatjana Zdanoka

Andrejs Mamikins

Eva Kaili

Christian Ehler

Knut Fleckenstein