1. Member States shall take the necessary measures to ensure that natural gas undertakings and eligible customers, wherever they are located, are able to obtain access to upstream pipeline networks, including facilities supplying technical services inciden? tal to such access, in accordance with this Article, except for the parts of such networks and facilities which are used for local pro? duction operations at the site of a field where the gas is produced. The measures shall be notified to the Commission in accordance with the provisions of Article 54.
2. The access referred to in paragraph 1 shall be provided in a manner determined by the Member State in accordance with the relevant legal instruments. Member States shall apply the objec? tives of fair and open access, achieving a competitive market in natural gas and avoiding any abuse of a dominant position, tak? ing into account security and regularity of supplies, capacity which is or can reasonably be made available, and environmental protection. The following matters may be taken into account:
(a) the need to refuse access where there is an incompatibility of technical specifications which cannot reasonably be overcome;
(b) the need to avoid difficulties which cannot reasonably be overcome and could prejudice the efficient, current and planned future production of hydrocarbons, including that from fields of marginal economic viability;
(c) the need to respect the duly substantiated reasonable needs of the owner or operator of the upstream pipeline network for the transport and processing of gas and the interests of all other users of the upstream pipeline network or relevant pro? cessing or handling facilities who may be affected; and
(d) the need to apply their laws and administrative procedures, in conformity with Community law, for the grant of autho? risation for production or upstream development.
3. Member States shall ensure that they have in place dispute- settlement arrangements, including an authority independent of the parties with access to all relevant information, to enable dis? putes relating to access to upstream pipeline networks to be settled expeditiously, taking into account the criteria in para? graph 2 and the number of parties which may be involved in negotiating access to such networks.
4. In the event of cross-border disputes, the dispute-settlement arrangements for the Member State having jurisdiction over the upstream pipeline network which refuses access shall be applied. Where, in cross-border disputes, more than one Member State covers the network concerned, the Member States concerned shall consult each other with a view to ensuring that the provisions of this Directive are applied consistently.
Source
