Germany suspends certification for Nord Stream 2. “This does not mean a change in policy towards the gas pipeline”

“In recent days, the German regulator decided to suspend the certification of Nord Stream 2. This decision was signaled by the German side to the Russian entity. It is strictly procedural in nature and does not mean a change in the policy regarding the German-Russian gas pipeline”

– Żaryn wrote on Twitter.

The spokesman emphasized that the decision of the German regulator gives the Russians time to change legal regulations and adapt to the German requirements regarding the use of the gas pipeline.

“German and Russian authorities are still interested in finalizing the NS2 project”

– he pointed out.

He recalled that From the beginning, Poland has indicated that the launch of Nord Stream 2 will weaken Europe, in particular it will mean a weakening of the security level of Central Europe. “NS2 will give Russia another tool of political pressure on the West,” Żaryn added in the post.

A week ago, the German regulator Bundesnetzagentur suspended the certification of Nord Stream 2 AG as the operator of the Nord Stream 2 gas pipeline. BNetzA justified that the company is registered in Switzerland and that the operator should operate under German law.

BNetzA informed that after a detailed analysis of the documents, the office came to the conclusion that the certification of Nord Stream 2 AG as a gas pipeline operator is only possible if the operator is a subject of German law. Meanwhile, the company is registered in Switzerland.

The German regulator announced that Nord Stream 2 AG decided not to change the form of its operation, but to appoint a subsidiary operating under German law. As reported by BNetzA, this subsidiary is to become the owner and operator of the Nord Stream 2 section, located in German territorial waters. Therefore, this company must meet the requirements of the German law regarding the operator in the ITO (Independent Transmission Operator) model, for which Nord Stream 2 AG is applying.

The certification process has been suspended until key assets and human resources have been transferred to the new entity and until the BNetzA is able to review the documents submitted by the new entity for completeness. The German regulator emphasized that if these conditions are met, the BNetzA will be able to continue the certification process in order to meet the 4-month deadline for issuing the draft decision and presenting it to the European Commission. The deadline runs from September 8.

The BNetzA underlined that both the German Ministry of Economy and the European Commission had been informed in advance about the decision to suspend.

The procedure for the certification of the Nord Stream 2 operator includes, inter alia, PGNiG and its subsidiary PST. In the opinion of PGNiG – the certification of Nord Stream 2 AG as an ITO would be inconsistent with EU law, which allows such a model only for transmission systems existing before May 23, 2019. At that time, it was not possible to talk about the existence of a transmission system, because the gas pipeline was not even built – argues the Polish company. Therefore, PGNiG and PST take the position that Nord Stream 2 AG does not meet the formal and substantive conditions for certification in the ITO model.

Moreover, both companies argue that a positive decision of the BNetzA would pose a threat to the energy security of the EU and individual Member States. Such a position was formulated, inter alia, by in the opinion for the German Ministry of Economy. A similar position was taken by the President of ERO, arguing that apart from the threat to the security of gas supplies to the EU, the possible certification of Nord Stream 2 AG as an ITO would violate the EU acquis.

The construction of the gas pipeline running along the bottom of the Baltic Sea is complete, one line is already filled with gas.

Source: PAP,,

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