The operator of the Nord Stream 2 gas pipeline has applied for accreditation as an independent operator of the gas transmission system (GTS) at the request of the German regulator, but the firm has stated that it would not modify or soften its position on modifications to the EU Gas Directive.
At the same time, Nord Stream 2 stated that it will continue its existing legal and arbitration proceedings in regard to the EU Gas Directive changes enacted in 2019.
Nord Stream 2 had earlier filed an appeal in German courts against the rejection to grant its petition for an exemption (derogation) from the Gas Directive’s rules; the case is currently being heard by the Supreme Regional Court of Dusseldorf.
At addition, a case has been launched in the EU Court of Justice to overturn the changes to the Gas Directive (an appeal is currently pending before the Court of Justice). Furthermore, arbitration procedures against the EU for violations of the Energy Charter Treaty as a result of amendments to the Gas Directive are continuing.
The revised EU gas directive has placed not only onshore but also offshore parts of gas pipelines in the EU under its jurisdiction. The regulation stipulates, among other things, that the pipeline entering the EU be partially supplied by an alternate provider or that a portion of it, which passes across the Union, be owned by a third party.
