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Parliamentary questions
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11 August 2021
Priority question for written answer  P-003883/2021
to the Commission
Rule 138
Anna Fotyga (ECR)
 Answer in writing 
 Subject: The need to counteract Nord Stream 2 AG’s actions that contradict the third energy package and the principle of energy solidarity

In June 2021, Nord Stream 2 AG filed a request for certification under the independent transmission operator (ITO) model(1). Granting ITO certification is only possible for transmission systems that existed before 23 May 2019, and the Nord Stream 2 (NS2) pipeline had not yet been built on that date. Moreover, the Switzerland-registered company does not fulfil a basic requirement for certification(2). The regulatory authority is obliged to refuse any certification that would put the energy supply security of any Member State at risk.

Furthermore, the company does not want to comply with the ground rules of the third energy package. In particular, the pipeline owner wants to avoid the requirements concerning ownership unbundling, third-party access and transparent tariffs, which should take into account the cost of the whole pipeline. Another key factor is the negative impact of the NS2 pipeline on the security of EU energy supplies, Member States, associated partners and the principle of energy solidarity.

1. What measures is the Commission going to implement in order to enforce NS2 compliance with the third energy package, including the certification procedure conducted by the German Federal Network Agency (BNetzA), and to reject any derogations that would be contrary to EU law?

2. How is the Commission supporting the calls of Member States, Parliament and the EU’s strategic partners to halt the controversial pipeline?

(1)In separate proceedings, Nord Stream 2 AG requested a derogation from the requirements of the third energy package.
(2)Additionally, for companies controlled by non-EU entities, granting operator status requires an enhanced certification procedure, which includes a detailed analysis of the impact of certification on the security of EU energy supplies. This procedure is conducted by the competent authority of a given Member State in cooperation with the Commission. Since the Court of Justice issued a verdict in the OPAL pipeline case, no Member State can continue to ignore the energy solidarity principle and overlook the impact of its decisions on the security of the energy supplies of other EU Member States.
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