Wednesday, October 27, 2021

Nord Stream 2: deadline for application for operating licence exceeded

After completion of the pipeline in September 2021 the project stills lacks the required operating licence. This constitutes an obstacle for the startup procedure of the pipeline because the deadline for application at the Federal Network Agency of Germany (Bundesnetzagentur) was march 3rd 2013 as stipulated in the german Energy Industry Act (Energiewirtschaftsgesetz). However the application for Nord Stream 2 arrived on June 24 2021. Lawyers are at strife on how to deal with this issue, writes BILD:


New problems for the Putin pipeline Nord Stream 2!


Completely built, but still without an operating license and without certification, the billion-dollar pipeline lies in the Baltic Sea. In order to change that and soon Russia's gas will flow through the pipe, Nord Stream 2 AG, based in Switzerland, submitted an application to the Federal Network Agency on June 24th for “certification as an independent transmission system operator”.


In its application for certification, Nord Stream 2 AG refers to the German Energy Industry Act (EnWG), which is the only possible legal basis for certification in Germany. But this is exactly where the problem lies.



Because in Article 4b, paragraph 1 of the law: "Transport network operators (...) must submit the application for certification to the regulatory authority by March 3, 2013 at the latest."



As is well known, this date has passed by more than eight years.

New problems for the Putin pipeline Nord Stream 2!


Completely built, but still without an operating license and without certification, the billion-dollar pipeline lies in the Baltic Sea. In order to change that and soon Russia's gas will flow through the pipe, Nord Stream 2 AG, based in Switzerland, submitted an application to the Federal Network Agency on June 24th for “certification as an independent transmission system operator”.


In its application for certification, Nord Stream 2 AG refers to the German Energy Industry Act (EnWG), which is the only possible legal basis for certification in Germany. But this is exactly where the problem lies.



Because in Article 4b, paragraph 1 of the law: "Transport network operators (...) must submit the application for certification to the regulatory authority by March 3, 2013 at the latest."



As is well known, this date has passed by more than eight years.

Nevertheless, the Federal Network Agency approved the application from the Swiss (with Russian interests) in June and certified the completeness of the documents in October. BILD asked the federal authority in the business area of ​​the Federal Ministry of Economics how that could be.


Their answer: The articles in question are “the relevant standards which, in the EnWG, require a network operator to be certified. Both standards contain deadlines that have already passed. "

Nevertheless, the Federal Network Agency approved the application from the Swiss (with Russian interests) in June and certified the completeness of the documents in October. BILD asked the federal authority in the business area of ​​the Federal Ministry of Economics how that could be.


Their answer: The articles in question are “the relevant standards which, in the EnWG, require a network operator to be certified. Both standards contain deadlines that have already passed. "

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