Answer to Written Question: Correct application of the EIA Directive to the Trans Adriatic Pipeline (TAP) project
(Source: European Parliament)
Answer given by Ms Simson
on behalf of the European Commission
1. The Trans-Adriatic Pipeline (TAP) currently has a Project of Common Interest (PCI) status and is part of the fourth PCI list. The project was completed in November 2020 and is now in operation. The Trans-European Networks for Energy (TEN-E) Regulation requires the PCI list to be established every two years. The fifth PCI list is currently under preparation and foreseen for adoption in the last quarter of 2021.
No violation of EU environmental law by the project promoter of TAP was brought to the attention of the Commission. It is the duty of national competent authorities to issue all required permits for PCIs, including as regards the environment.
2. The Commission has no information that conditions of the exemption decision have been violated. Insofar as the question refers to ownership of TAP AG, Article 36 of Directive 2009/73/EC requires that ‘the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built’. This is the case. Equally, the relevant national regulatory authorities (NRAs) have not informed the Commission of any violations of the exemption decision. It is the task of the relevant NRAs to monitor the implementation of the exemption decision. The relevant national regulatory authorities have not withdrawn the exemption based on the final joint opinion.