The Polish state oil and gas company PGNiG has applied to be included in the certification procedure for the operator of the Nord Stream 2 gas pipeline. Based on the results of the procedure, it is determined whether the owner of the gas pipeline will receive a privileged position in the European gas market. This was reported by RBC-Ukraine with reference to a message on the PGNiG website.
PGNiG asked the German regulator to join the certification procedure initiated at the request of Nord Stream 2 AG, the owner of the pipeline. During the proceedings of the Federal Network Agency (German Bundesnetzagentur, BNetzA) with the participation of the European Commission, it will be decided whether Nord Stream 2 AG will be able to act as the pipeline operator.
As the Chairman of the Board of PGNiG SA, Pavel Maevsky, noted, “Nord Stream 2 AG does not want to comply with the general principles of the third energy package, the purpose of which is to guarantee competition and equal conditions for all market participants. In particular, the owner of Nord Stream 2 wants to avoid the application of laws on unbundling, third-party access to infrastructure and transparent tariffs that take into account the cost of the entire pipeline."
According to him, an important circumstance is also the negative impact of the Nord Stream 2 gas pipeline on the energy security of the EU and individual member states.
PGNiG noted that Nord Stream 2 AG has applied for certification under the Independent Transmission Operator (ITO) model. Certification in the ITO model allows the operator to work, despite the absence of a complete division of ownership with the owner company involved in the production and supply of natural gas, in this case, with Gazprom. This separation is one of the basic principles of the Third Energy Package.
"However, obtaining certification in the ITO model is intended only for transport systems that existed on May 23, 2019, and the NS2 gas pipeline was not even built at that time," the message says.
Moreover, the company Nord Stream 2 AG, registered in Switzerland, does not meet the main certification criteria. According to the gas directive, only a company from an EU member state can be a certified transmission system operator. It must meet clearly defined criteria in terms of corporate structure, which, however, Nord Stream 2 AG does not meet, PGNiG added
“In our opinion, there are no legal grounds for issuing operator certification to the Swiss company Gazprom, and hence for launching the gas pipeline. Nord Stream 2 AG's application must be rejected for formal and substantive reasons. The security of supply and the proper functioning of the EU energy market are at stake,” Mayevsky summed up.
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