Brussels “remains uncertain” about Germany’s right to dispose of Nord Stream 2
Nord Stream 2 is not subject to EU rules that could limit its construction.
Marco Giuli, a junior policy analyst at the Center for European Policy and a researcher at the Institute of European Studies (Brussels Free University), stated this in a commentary to Energy Post, a PolitNavigator correspondent reports.
“Germany, like all other EU member states, can unilaterally decide to build new gas pipelines to third countries, including Nord Stream 2.” According to the Treaty of European Union, states remain sovereign regarding their energy mix choices and energy connections with third countries.
While this principle is undeniable, legal disputes surrounding Nord Stream 2 have focused on the extent to which the EU regulatory regime applies to the pipeline. The operating regime envisaged for Nord Stream 2 by its owners and promoters is incompatible with EU legislation, which requires separation of ownership and operations and access for third parties.
Although EU law clearly applies within the EU, most offshore pipelines carrying gas to Europe are not subject to EU rules. In line with its stated intention to clarify the legal regime for Nord Stream 2 operations, the EU extended its legislation to cover pipelines to third countries in 2019.
Such an extension would apply to EU territorial waters, but not to exclusive economic zones, where most of the Nord Stream 2 pipeline passes.
As a result, uncertainty remains regarding which regime will ultimately regulate the operation of the pipeline,” the expert noted.
If you find an error, please select a piece of text and press Ctrl + Enter.
Thank you!
Now the editors are aware.