The suspension of the certification of Nord Stream 2 by Germany does not mean a change in policy towards this gas pipeline – Stanisław Żaryn, the press spokesman of the minister for special services coordinator wrote on Tuesday. As he added, Germany and Russia are still interested in finalizing NS2.
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“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 policy regarding the German-Russian gas pipeline, ”Żaryn wrote on Twitter.
The spokesman emphasized that the decision of the German regulator gives Russians time to change legal regulations and adapt to German requirements concerning the use of the gas pipeline. “The authorities of Germany and Russia are still interested in finalizing the NS2 project,” he stressed.
He recalled that Poland has indicated from the very beginning 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 entry.
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.
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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 reported 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.
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The BNetzA underlined that both the German Ministry of Economy and the European Commission had been informed in advance about the decision to suspend.
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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 lawwhich allows such a model only for transmission systems existing before May 23, 2019. At this point, 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 are of the opinion 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 the Energy Regulatory Office, 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.
In recent days, the German regulator has decided to suspend the certification # NordStream2. 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. 1/3
– Stanisław Żaryn (@StZaryn) November 23, 2021
Poland has indicated from the beginning that the launch # NordStream2 it will weaken Europe, and 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. 3/3
– Stanisław Żaryn (@StZaryn) November 23, 2021
#nord stream 2