{"id":12246,"date":"2022-03-08T14:50:00","date_gmt":"2022-03-08T13:50:00","guid":{"rendered":"https:\/\/www.haslinger-nagele.com\/?p=12246"},"modified":"2022-04-14T10:16:16","modified_gmt":"2022-04-14T08:16:16","slug":"energy-intervention-powers-act-2012-natural-gas-diet-for-crisis-preparedness","status":"publish","type":"post","link":"https:\/\/www.haslinger-nagele.com\/en\/energy-intervention-powers-act-2012-natural-gas-diet-for-crisis-preparedness\/","title":{"rendered":"Energy Intervention Powers Act 2012: natural gas diet for crisis preparedness?"},"content":{"rendered":"\n

In the event of a threat to the energy supply, Austria has an emergency plan<\/a> in which \u2013 in implementation of Ordinance 2017\/1938<\/a> \u2013 an Austria-specific set of measures is laid down to ensure secure gas supplies in times of supply shortages. It also provides that under certain conditions so-called energy intervention measures under the Energy Intervention Powers Act 2012<\/a> (“EnLG”) can be implemented. Last but not least, on February 28th, 2022, the BMK (Federal Ministry of Climate Action, Environment, Energy, Mobility, Innovation and Technology) convened a meeting of the Energy Intervention Council<\/a>, an advisory body established by the EnLG, to discuss the current situation surrounding potential natural gas supply shortages.<\/p>\n\n\n\n

It is clear that the management of the latent natural gas crisis has to be within the framework outlined by the EnLG. This article provides an overview of the concrete options for action opened up by the EnLG.<\/p>\n\n\n\n

Under which conditions may the state adopt intervention measures?<\/h2>\n\n\n\n

First, the question arises under which conditions the state may intervene in the natural gas market, which has been extensively liberalized under EU law (cf. also Hartlieb\/Nigmatullin<\/em>, \u00d6JZ 2022<\/a>, 246 on EU liberalization tendencies) and regulated in the GWG 2011<\/a>. The EnLG ties the use of its intervention instruments (see below) to certain requirements: they may only be used \u2013 except in the case of existing obligations under international or Union law \u2013 if there is an imminent threat or already existing disruption in natural gas supply, whereby the underlying disruption may neither be attributable to a seasonal shortage phenomenon nor be avertable or remediable in good time and without the use of disproportionate means by applying market-based measures (\u00a7 4 (1) 1 EnLG). These requirements make it clear that the natural gas market is to be maintained as long as possible. Non-market-based measures must and may only be taken when the market is no longer functioning and only for such a period as is absolutely necessary to avert or remedy the disruption (cf. Emergency Plan<\/a>, 13).<\/p>\n\n\n\n

Catalog of possible intervention measures<\/h2>\n\n\n\n

\u00a7 26 EnLG creates an exhaustive catalog of possible measures to secure natural gas supplies. These include in particular<\/p>\n\n\n\n