Application deadline for Nord Stream 2 passed years ago! – Is the Putin tube missing the legal basis? – Domestic policy

Application deadline for Nord Stream 2 passed years ago! – Is the Putin tube missing the legal basis? – Domestic policy
Application deadline for Nord Stream 2 passed years ago! – Is the Putin tube missing the legal basis? – Domestic policy

New problems for the Putin pipeline Nord Stream 2!

Completely built, but still without an operating license and without certification, the billion-dollar pipeline lies in the Baltic Sea. In order to change that and soon Russia’s gas will flow through the pipe, Nord Stream 2 AG, based in Switzerland, submitted an application to the Federal Network Agency on June 24th for “certification as an independent transmission system operator”.

In its application for certification, Nord Stream 2 AG refers to the German Energy Industry Act (EnWG), which is the only possible legal basis for certification in Germany. But this is exactly where the problem lies.

Because in Article 4b, paragraph 1 of the law: “Transport network operators (…) must submit the application for certification to the regulatory authority by March 3, 2013 at the latest.”

As is well known, this date has passed by more than eight years.

“The wording and justification of the law are clear,” says the lawyer for Deutsche Umwelthilfe, Cornelia Ziehm, to BILD. The expert for environmental and energy law explains: “The deadline for applications from Nord Stream 2 AG has expired years ago. There are already doubts about the admissibility of the certification process. “

Nevertheless, the Federal Network Agency approved the application from the Swiss (with Russian interests) in June and certified the completeness of the documents in October. BILD asked the federal authority in the business area of ​​the Federal Ministry of Economics how that could be.

Their answer: The articles in question are “the relevant standards which, in the EnWG, require a network operator to be certified. Both standards contain deadlines that have already passed. “

BUT: “However, this does not mean that, for example, new network operators who are only required to certify after the deadlines can no longer apply for certification”. The aforementioned deadline in March 2013 “does not mean that a certification application has to be rejected as late and certification is no longer possible. Rather, the amended gas directive shows that certification is basically possible. “

Plain text: In the case of Nord Stream 2, the German authority argues that because the Putin tube needs a legal basis, the present law must still apply to them even after the application deadline has passed.

Energy law attorney Ziehm counters this: “It would have been open to the Federal Ministry of Economics to submit a corresponding draft amendment to the legal basis to the Bundestag in the past legislature.” Year 2021 expressly excludes.

An absurdity, thinks Sascha Müller-Kraenner, Federal Managing Director of Deutsche Umwelthilfe .:

“The German authorities seem to be doing everything possible to clear the way for Nord Stream 2. Although the wording of the law actually forbids this, the certification of the pipeline just continues. ”

The environmentalist therefore demands: “What is needed here is a clear statement from the new federal government: This process must be stopped! Nord Stream 2 is and will remain the largest fossil fuel project in Europe and must not receive any special legal treatment. “

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