The federal government will soon be able to sell the shares held by the Russian Rosneft group in the Schwedt refinery, which are under trusteeship. The Bundestag created the legal prerequisites for this on Thursday evening by amending the Energy Security Act (Ensig). 382 MPs voted for the amendment. 272 MPs voted against it. There were no abstentions. The traffic light groups SPD, Greens and FDP had previously signaled that they were in favor. All opposition parties opposed it.
With the change in the law, shares in companies that are under trusteeship can be transferred directly in the future – not just at Rosneft. This is possible if it is necessary to secure the community and the energy supply. In the Bundestag debate, the Union had complained that there were no narrow limits and precise definitions to create legal certainty. Speakers from the traffic light coalition said it was only a tool for emergencies like now after the Russian attack on Ukraine.
The intermediate step of a formal expropriation of the company will be omitted in the future. In Ensig, this is linked to high legal hurdles and would make a transfer of the Rosneft shares more difficult in the case of Schwedt. The federal government should therefore have more leeway in trust cases in the future. According to the current legal situation, sales are only possible if it serves to maintain the value of the company.
With 54 percent, Rosneft holds the majority in the east German refinery, which is important for Berlin, among other things. In order to ensure security of provision, the shares were placed under trusteeship. Legally, however, the Rosneft shares still belong to the Russian company.
Due to the sanctions against Russia, a permanent supply of crude oil to Schwedt is only possible via the Polish port of Gdansk. However, Poland is demanding that Rosneft from Schwedt be excluded and at the same time is pushing for the Polish utility Orlen to participate in the refinery. Beyond Rosneft, another 37 percent of the shares are held by Shell and a good eight percent by the Italian ENI.
Rosneft could not immediately be reached for comment.