Ensuring that the rule of law governs approval procedures in the case of the Nord Stream 2 project

22.3.2017

Question for written answer E-001940-17
to the Commission
Rule 130
Markus Ferber (PPE)

On 25 January, the energy ministers of Denmark and Sweden wrote to the Commission, calling on it to give its opinion of the compatibility of the Nord Stream 2 project with EC law, and in particular with the Third Energy Package.

It should be noted that, according to media reports, the Commission’s Legal Service found over a year ago, that the provisions of the Third Energy Package would not apply in the case of Nord Stream 2. The German regulatory authority, the Federal Network Agency (Bundesnetzagentur), also confirmed by letter of 3 March 2017 that Nord Stream 2, like all other import pipelines with similar legal status, is not subject to the Third Energy Package.

Regardless of its political opinion of Nord Stream 2, it is essential that the Commission, as guardian of the Treaties, should promote legal certainty; not to do so would send a very negative signal to investors in Europe.

In light of the above:

Will the Commission meet its obligation as guardian of EC law and confirm that the provisions of the Third Energy Package are not applicable to the Nord Stream 2 project?

If not, on what grounds has the Commission decided to ignore the conclusions of its own Legal Service?