Author: Alan Riley
Series: CEPS Special Report No. 151 No of pp: 30
This paper offers an in-depth legal and analytical argument that the EU’s energy regulatory regime applies to Nord Stream 2. It finds it indisputable that Union law applies in its own internal waters and territorial seas that Nord Stream 2 will pass through, and highly probable that Union law applies in the exclusive economic zone through which Nord Stream 2 will also passes. It goes on to argue that Nord Stream 2 is a transmission pipeline under EU law to which the full weight of the EU’s liberalisation measures apply, including ownership unbundling, third party access and tariff regulation obligations. It further argues that not only will Nord Stream 2 find it difficult to comply with the liberalisation obligations, but also that it will not be able to obtain Article 11 security of supply certification required under the Gas Directive.
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