As a last resort
Robert Habeck wants to nationalize energy companies in an emergency
Economics Minister Robert Habeck spoke out in favor of placing energy companies under state management in an emergency
© Kay Nietfeld / Picture Alliance
Robert Habeck drives forward preparations for a severe energy crisis. An amendment to the Energy Security Act would also make expropriations of companies that are part of the critical energy infrastructure conceivable.
Federal Economics Minister Robert Habeck (Greens) is stepping up preparations in the event of a serious energy crisis in Germany. A planned amendment to the Energy Security Act provides that, in the event of a crisis, companies that operate critical energy infrastructure can be placed under trustee administration. In extreme cases, expropriation is also possible. The law already provided for this, but the possibility should now be made clearer. The amendment went to the departmental vote within the federal government on Tuesday.
In the event of a crisis: Robert Habeck is preparing for the possible nationalization of energy companies
The German Press Agency learned from circles in the ministry that it was about ensuring security of supply and ensuring the ability to act quickly in the event of a crisis. The ministry is therefore planning an amendment to the 1975 Energy Security Act. At the time, the law was a reaction to the oil crisis and is now to be adapted to the current crisis.
It empowers the government, in the event of an imminent threat or disruption to the energy supply, to take the necessary measures by means of legal regulations – to ensure that vital energy needs are met.
What is new is that companies that operate critical energy infrastructures – such as gas and electricity supply – should be able to be placed under trusteeship if necessary. The prerequisite should be that they no longer perform their tasks adequately and there is a risk that the security of supply will be impaired.
The Ministry of Economic Affairs recently appointed the Federal Network Agency as a trustee for the German subsidiary of the Russian state-owned company Gazprom – on the basis of foreign trade law. The federal government can thus intervene when German companies are acquired by companies from non-EU countries.
Habeck justified the appointment of the federal government as a trustee at Gazprom Germania with unclear legal relationships and a violation of reporting regulations. A new legal basis for trust management is to be created in the Energy Security Act, which is independent of the special requirements of foreign trade law.
Expropriations only as a “last resort” and under certain conditions
As a “ultima ratio”, the amendment to the Energy Security Act also provides for the expropriation of company shares under clearly defined and narrow conditions – if there is no other way to secure the energy supply in the area of critical infrastructure.
The Ministry of Economic Affairs sees the fact that the refinery in Schwedt (Brandenburg) is to be almost completely taken over by the Russian state-owned company Rosneft as problematic. The ministry is currently examining this. Habeck had said that work was being done under high pressure to overcome the dependency on “Russian influence on the infrastructure”.
The Federal Government should also be able to set up and use a digital platform to implement crisis measures, for which the Gas Safety Ordinance is to be changed. Larger industrial companies and gas traders should register on this for the gas sector and store various data. With this data, reduction potentials could be identified in the event of a crisis and shutdowns could be implemented digitally.
At the end of March, the Federal Ministry of Economics announced the early warning level of the gas emergency plan. This is intended to strengthen precautions for a possible Russian delivery freeze – if President Vladimir Putin imposes one. In an alarm level, private households would be particularly protected, while industrial companies could be shut down.
In the event of a gas embargo: the federal government warns of damage to the economy
The EU has agreed to stop imports of Russian coal, with a transitional period of four months. However, the federal government remains opposed to the West stopping Russian gas and oil supplies. When it comes to coal, Germany has come the furthest in becoming less dependent on Russia. In the event of a gas embargo in particular, the federal government has warned of serious damage to the economy.
In the current situation report from the Federal Network Agency on Tuesday, it was said that the gas supply in Germany was stable and gas deliveries were not affected.
The Energy Security Act has already enabled the Federal Government to prescribe measures to save energy in the event of a crisis. In theory, she could decree car-free Sundays and a temporary general speed limit. Above all, the FDP is against a speed limit on the Autobahn.