The European Commission (EC) suspects unjustified obstacles to access to the gas transportation system in Germany. The suspicions are directed primarily against RWE Transportnetz Gas (TSO Gas), RWE’s gas transmission operator. RWE is expected to commit to selling off its gas transportation network in Germany to an independent third party within two years.

The supervisory board of RWE has agreed to this plan. The EC is expected to conduct a market test, following which it will declare the undertaking to be binding and end the proceedings.

RWE has stated that it is still convinced that it has complied with the legal requirements in the gas business. The German utility has reiterated that the intended agreement is not an acknowledgement of guilt. In order to avoid protracted litigation, however, the group has decided in favor of a consensual settlement and expressed its intention to end the proceedings in co-operation with the EC.

RWE has noted that this decision is not linked to the current discussions about the ownership unbundling of the electricity and gas transmission networks in Germany. RWE has reportedly been in detailed discussions with lawmakers about the background and substance of the decision.

The German transmission system with a total length of around 40,000km is covered by 11 network operators, including foreign ones, which run the various market territories. RWE operates a 4,100km-long gas transmission network.