24 Jun 2021 11:57

Nord Stream 2 AG begins certification as independent gas-transmission operator, continues challenging Third Gas Directive

MOSCOW. June 24 (Interfax) - Nord Stream 2 AG, operator of the Nord Stream 2 construction and operations project, has applied for proactive certification as an independent transport-system operator, Nord Stream 2 AG said in a statement.

"The application for certification of Nord Stream 2 AG does not imply any change or mitigation in the legal position of Nord Stream 2 AG in relation to the amended Gas Directive or the goals that it continues to pursue firmly in the aforesaid litigation and arbitration proceedings," Nord Stream 2 AG said in the statement.

The application has been submitted based on a request from Bundesnetzagentur (BNetzA), Germany's federal Network Agency, in accordance with sections 4b, 10, and further to the law on the Germany's energy industry, Energiewirtschaftsgesetz, EnWG, Germany's Federal Ministry for Economic Affairs and Energy.

"Meantime, Nord Stream 2 AG continues its ongoing litigation and arbitration proceedings regarding the 2019 amendments to the European Union Gas Directive, 2019/692. Namely, there is an appeal in German courts against the refusal to satisfy the request for release, derogation, from the application of the provisions of the Gas Directive that is currently pending before the Supreme Regional Court of Düsseldorf, case No. VI-3 Kart 211/20 [V]; a claim to repeal the Gas Directive before the Court of Justice of the European Union (CJEU), with an appeal currently pending in the CJEU, case C-348/20 P; as well as the ongoing arbitration proceedings regarding violations of the Energy Charter treaty by the EU owing to changes to the Gas Directive," the company said.