The Legal Requirements for Iran to Join EU Gas Market

Ghanbari Bonab, Hadi; Hajian, Mohammad Mahdi; Kazemi Najafabadi, Abbas

doi:10.22054/jplr.2022.46757.2312

The Legal Requirements for Iran to Join EU Gas Market

Document Type : Research Paper

Authors

Hadi Ghanbari bonab ¹

Mohammad Mahdi Hajian ²

Abbas Kazemi najafabadi ³

¹ PhD Student Private Low Allameh Tabataba’i University, Tehran, Iran

² Assistant professor Private Law, Allameh Tabataba’i University Tehran, Iran

³ Assistant Professor Private Law, Allameh Tabataba’i University, Tehran, Iran

https://doi.org/10.22054/jplr.2022.46757.2312

Abstract

One of the most important issues in the field of exporting gas to the European union through the pipelines is understanding the market and the laws and regulations in the EU as well as the requirements of other countries in the face of these regulations. Analyzing the EU laws and then the laws and regulations in Iran regarding the gas export and legal requirements for entering to the EU gas market are the main aims of this article.The results show that the EU Third Gas Directive 2009 forms the basis of the legal and contractual issues of the EU gas market which provide various legal guidelines, including ownership separation, third party access to the gas storage facilities, and Regulatory Bodies. Iran gas export laws are listed in the upper hand documents including General Policies of Iran in Energy sector, Iran Vision (2025), General Policies of the resistance economy and sixth five-year plan for Economics, Social and Cultural Development. Laws on Third Gas Directive regarding third Party Access to the Network, Tariff Regulation, Ownership and Transparency Completely applies on existing and future gas pipelines to EU Borders including Territorial Waters and Exclusive Economic zone between EU and third Countries including Iran.

Keywords

third gas directive

legal guide lines

ownership separation

tariff

access to the network Commission modified proposal

20.1001.1.23453583.1400.10.36.3.3

Commission Staff Working Document Ownership Unbundling, the Commission’s practice in assessing the presence of a Conflict of Interests including in case of financial investors, European Commission, SWD(2013) 177 final, Brussels, 8.5. (2013).

Commission staff working paper on certification of Transmission System Operators of networks for electricity and natural gas in the European Union, SEC (2011) 1095 final, Brussels, 21.9.2011.

Commission staff working paper Interpretative Note on Directive 2009/72/EC concerning common rules for the internal market in Electricity and directive 2009/73/EC concerning common rules for the internal market in natural gas, Brussels, 22 January (2010).

Commission Evaluation of the activities of the Agency for the Cooperation of Energy Regulations (ACER) under article 34 of Regulation (EC) 713/2009, C(2014) 242 final, Brussels, 22.1.2014.

COMMISSION STAFF WORKING PAPER on the Possibility of Neighboring Countries and their Transmission System Operators to Participate in ACER and in the ENTSOs, Brussels, (2011).

Commission Staff Working Paper Interpretive note on Directive 2009/73/EC concerning common rules for the International market in natural Gas, retail markets, European Commission, Brussels, (2010).

Hancher, Leigh; Marhold, Anna. “A common EU framework regulating import pipelines for gas? Exploring the Commission's proposal to amend the 2009 Gas Directive”, Journal of Energy & Natural Resources Law, Vol. (2019).

Regulation (EC) No 715/2009 of the European Parliament and of the Council on conditions for access to the natural gas transmission networks and repealing Regulation (EC)No 1775/2005, Official Journal of the European Union, 2009.

The Unbundling Regime, Interpretative Note on Directive 2009/72/EC concerning common rules for the internal market in Electricity and directive 2009/73/EC concerning common rules for the internal market in natural gas, European Commission staff working paper, Brussels, 22 January 2010 Interpretative Note on Directive 2009/73/EC concerning common rules for the internal market in natural gas, Third-party access to Storage Facilities, European Commission, Brussels, 22 January 2010.

Web Site

http://www.nigec.ir/portal/home/?generaltext /171069/171499/172654/ %D 9%85 %D 8B 9%D8%B1 %D9%81%DB %8C-%D8%B4%D8%B1%DA% A9%D8%AA.

https://www.khabaronline.ir/news/622507/%D8%B4%D8%B1%DA%A9%D8%AA.

http://www.maslahat.ir/index.jsp?siteid=3&fkeyid=&siteid=3&pageid=516.

http://www.nigc.ir/index.aspx?siteid=1&fkeyid=&siteid=1&pageid=204.

http://www.maslahat.ir/index.jsp?siteid=3&fkeyid=&siteid=3&pageid=583.

https://www.mporg.ir/FileSystem/View/File.aspx?FileId=f4afa150-ee8b-4237-b169-f16f8b2c532b.

https://www.energycentral.com/c/ec/gas-directive-and-its-application-eu-third-country-pipelines, 16 Nov. 2019.