With reference to the official media press release of the EC on the opened formal proceedings to investigate whether Bulgarian Energy Holding (BEH) and its subsidiaries Bulgargaz and Bulgartransgaz hinder its competitors from accessing key gas infrastructure in Bulgaria in breach of EU antitrust rules, Bulgartransgaz EAD takes the following position:
As of 2011, Bulgartransgaz EAD had supplied the EC with any of the required information and had extended full assistance in establishing the conditions needed for the natural gas market functioning.
In line with a position of the Commission, the present proceedings under Regulation (ЕC) No 1/2003 of the Council of 16 December 2002 and the initiation of proceedings does not mean that the Commission had established any breach.
We believe the decision to open such proceedings is based on data and circumstances that were valid more than two years ago.
In case the Commission establishes infringement on behalf of the relevant company for that period, it must require such company to undertake specific commitments to overcome the infringement by setting a deadline. Upon the timely redress of the incompliance it is considered that no grounds exist anymore for the Commission to take actions against the company.
Bulgartransgaz EAD had secured the conditions required for the granting of non-discriminatory access of third parties to the gas transmission network it operates as well as to the natural gas storage facility at Chiren UGS.
Over the past two years all applications for access to Bulgartransgaz EAD gas transmission networks and to Chiren UGS are reviewed in line with the existing procedures. Access is secured in line with the rules made available to the public on transparent and equal terms for all network users. Currently the company is a party to contracts for transport through the gas transmission networks and for natural gas transport and storage in Chiren UGS concluded in line with these Rules. Any entity who complies with such publicly announced conditions is entitled to access to our network services.
Bulgartransgaz EAD meets all unbundling criteria in line with the European criteria hence we are already in a procedure on certification as an independent transmission operator.
Having regard to the aforesaid our company has no concerns about the EC intentions to open proceedings to establish such conditions.