Decision prepared by Germany to mitigate gas EU directive for Nord Stream 2 to be appealed
If the decision, which would allow circumventing constraints of the new gas EU directive for the Nord Stream 2 gas pipeline and which was prepared by representatives of the ruling coalition in Germany, is made, it would be appealed, Ukraine's Trade Representative, Deputy Minister of Economic Development, Trade and Agriculture Taras Kachka has said.
"It may be legal proceedings between the European Commission, the government of Germany, Poland, Ukraine... between many parties," he said, speaking at the conference entitled "Trade Wars: the Art of Defense" organized by the Ilyashev & Partners law firm in Kyiv on Thursday.
According to him, such an initiative will lead to long-term court procedures that will block the operation of the gas pipeline.
Earlier, Bloomberg reported that representatives of Germany's ruling coalition parties – the CDU/CSU and SPD – have prepared a bill that will allow circumventing the restrictions of the new gas EU Directive for the Nord Stream 2 gas pipeline.
The updated directive provides that parts of pipelines coming from third countries laid across the EU, including territorial waters, will have to comply with the requirements that apply to EU internal pipelines.
Among the main requirements of the directive are the separation of gas supplying companies and the companies transporting it, access of other operators to the pipe, and transparent regulation of pumping tariffs. This means that the operator of the Nord Stream 2 should be independent of Gazprom, and 50% of its capacity should be reserved for alternative suppliers. Exceptions are possible, but only with the approval of the European Commission.
On October 30, 2019, the Danish Energy Agency (DEA) granted a permit for the construction of the Nord Stream 2 gas pipeline in the country's exclusive economic zone.