The need to counteract the Nord Stream 2 AG’s actions that contradict the Third Energy Package and the principle of energy solidarity – the priority question for written answer to the European Commission
Nord Stream 2 AG filed in June 2021 a request for certification under the Independent Transmission Operator (ITO) model X. Granting the ITO model certification is only possible for the transmission systems that existed before 23/05/2019, whereas NS2 pipeline was not even built at that date. Moreover, the Switzerland-registered company does not fulfill a basic requirement for granting certification XX. The regulatory authority is obliged to refuse certification that would put at risk the energy supply security of any Member State.
Furthermore, the company does not want to comply with the ground rules of the Third Energy Package. In particular, the pipeline owner wants to avoid application of requirements concerning ownership unbundling, third party access and transparent tariffs that should take into account the cost of the whole pipeline. The key factor is also the negative impact of NS-2 pipeline on security of supplies of the EU, its Member States and associated partners, as well as the principle of energy solidarity.
What measures is the EC going to implement in order to enforce compliance of NS-2 with the Third Energy Package, including the certification procedure conducted by BNetzA and to reject any derogations that would be contrary to the EU law?
How does the EC support the calls of Member States, the EP and EU’s strategic partners to halt the controversial pipeline?
x In a separate proceeding Nord Stream 2 AG requested derogation from the requirements of the Third Energy Package.
xx Additionally, for the companies controlled by entities from outside the EU, granting an operator status requires an enhanced certification procedure, which includes a detailed impact analysis of certification for security of supplies. Such a procedure is conducted by the competent authority of a given Member State in cooperation with the Commission. Since the Court of Justice issued a verdict in the OPAL case, no one can ignore the energy solidarity principle and overlook the impact of their decisions on the security of other EU Member States anymore.
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