SC Naftogaz of Ukraine applied for participation in the certification process of the Nord Stream 2 gas pipeline operator to the German regulator – the Federal Agency for German Grids said the Chairman of the Board of NJSC Yurii Vitrenko on Monday, October 18, a journalist of Kosatka.Media reports.
“Our main position is that Nord Stream 2 cannot be certified because it does not ensure its full compliance with European legislation. Naftogaz is an active participant in the European gas market. We buy huge volumes of gas in the European market; we are one of the main market participants. We have a direct interest in making this market competitive. And it is from this position that we show the German regulator that certification of the PP-2 operator will harm competition in the German market, in the European market, in particular in the markets of Slovakia, Hungary, Czech Republic, Austria,” Vitrenko said.
He added that the issue is not only that Russia is using gas as an energy weapon against Ukraine and the entire region.
“The main position in this application is that the Operator of Nord Stream 2 cannot be certified due to the non-competitiveness of Gazprom's actions, including because of the construction and commissioning of this gas pipeline. European legislation clearly states that the operator of the GTS (in this case, the operator Nord Stream 2) cannot be controlled by Gazprom. Also, the legislation says that it is necessary to ensure real, non-discriminatory access of third parties to this gas pipeline, starting from a point on the border of the Russian Federation,” Vitrenko said.
Also, according to the Chairman of Naftogaz, according to the principle of solidarity laid down in the agreement on the creation of the European Union, it is necessary for the German regulator to look at the competition not only in the German market but also at the impact of Nord Stream 2 on competition in the entire European market.
“Taking this into account, we explain that Nord Stream 2 cannot be placed in a privileged position relative to other gas pipelines, since this will distort competition in the markets where other gas pipelines reach,” said the head of the NJSC.
If the German regulator determines that the Nord Stream 2 pipeline and its operator do not comply with European legislation, and therefore it cannot operate in commercial mode.
If Naftogaz's application for participation in the certification process is accepted, it will oblige the German regulator to take into account the position and arguments of NJSC.
The German regulator must make its decision on certification within 4 months - by January 8, 2022. Further, the European Commission must evaluate this decision within 2 months, or 4 months if interested parties are involved.
During the Ukraine-EU summit, Ukraine submitted a document with a request to involve it as an interested party in the European Commission's assessment of the Nord Stream 2 certification process.
Let us remind you that the Polish oil and gas company PGNiG, which received permission to participate in the certification of the Nord Stream 2 gas pipeline, will not have a veto right.