have doubts, that the German regulator will take a positive decision on the removal of “Nord stream” from the application of the EU Gas Directive. About it FBA “economy today” Deputy Director of the Energy direction of the Institute of Energy and Finance Alex Belogoryev.
Federal Network Agency of Germany has taken bids from Nord Stream AG and Nord stream 2 AG for the removal of pipelines “Nord stream” and “Northern Stream 2” from the application of the updated EU Gas Directive. The regulator reported it on its website. As noted, application from Nord Stream AG for exemption from regulatory requirements under section 28b of the federal law on energy German economy entered 23 December last year, by Nord stream 2 AG – 10 January 2020 of the year.
“It was clear in advance, what “Gazprom” try to rid the Russian gas pipelines to Europe from excessive regulation and pressure from Brussels, – the specialist. - If the Federal Network Agency will give a positive response to the application, The European Commission will have to approve a national decision. But these amendments to the EU gas directive are not formal, them in a big hurry to harmonize EU Member States. and assumes, that they will act against “Northern Stream 2”.
Purely legally Germany would be happy to give a positive response to the application, but it has the political commitment to the EU member states. In particular, not to use his right to the exemption for Russian pipelines. Because we clearly see the discussion around applications, but a positive decision on them is not guaranteed. But Russian hopes, that the plan will be able to implement”.
gas directive
Modified Gas Directive was agreed in record time at the beginning of last year,. The essence of the amended – extended to pipelines, taking place in the marine economic zone of the EU, Third Energy Community standards, which obliges the operator to reserve 50% gas pipeline capacity for pumping fuel from alternative suppliers. In case of “Nord Stream” these measures are absurd and inapplicable.
These gas lines are designed for direct gas supplies from Russia to Germany under the Baltic Sea – technically and geographically no third party to use these pipelines can not. And although the European Commission approves, that the rules will apply to all projects of offshore pipelines, but does not hide: Third Energy Package and the amendments to the Gas Directive introduced to expand the capabilities of non-market monitoring by Brussels over Russian gas supplies to EU.
“We saw, Poland has made the decision of the EU Court of limitation on the OPAL pipeline transportation volumes in the use 50% – this highway is a continuation of the ground “Nord stream” in Europe. In fact on the delivery of Russian “pipe” It is reduced by half. Similar claims can be exposed to the gas EUGAL, which lasted “Northern Stream 2”. That is why Moscow hopes to withdraw from the regulation and potential pressure their projects.
Even if you deprive Warsaw claims for opportunities to “Nord Stream”, Most likely, it will continue to thwart their continuation. AND, as practice shows, judicial authorities in Europe are taking contradictory decisions, when proceedings relating stretched from Russia highways. At the same time everyone understands, Poland claims that are purely political and anti-Russian, nothing to do with the struggle they have not for competition”, – He emphasizes the expert.
Proceedings of the European Commission
The German Federal Network Agency reported, applications that parse the procedure must be completed before 23 May 2020 of the year. “When considering the envisaged consultations with EU countries”, – It said in a statement. highlights, that Nord stream 2 AG plans to operate “Northern Stream 2”. Nord stream AG is already providing job “Nord stream” – at 2019 , the pipeline will provide transportation 300 billion cubic meters of natural gas to Europe
Meanwhile, the application of the modified Gas Directive remains open. Although the amendments entered into force in June 2018 of the year, the majority of EU countries have not had time to take them into account in their national legislation, that offers great opportunities to challenge their use in court. The European Commission says, that the third energy package aims to combat monopolies, but it only within the limit Russian supplies.
“Amendments to the EU gas directive formally introduced to all without exception pipeline to Europe, but it is only a political position. Changes were made specifically against the Russian project, to maximize it to regulate - as indicated by the haste approval. Now the European Commission, and the European bureaucracy are now do everything, that their efforts were not in vain.
It means, Brussels will take maximum effort, not to give the German Federal Network Agency to take a positive decision. The situation is complicated by the fact, what “Northern Stream 2″ to top 2020 finish the year failed - to conduct discussions on the completed and commissioned into operation the pipeline can be much more confident, than the project start date deferred. So it is very difficult to predict the development of events today”, – Alex concludes Belogoryev.
Max Boot
