the Refusal of the Federal network Agency of Germany (BNA) in the liberation of the Russian pipeline “Nord stream – 2” (SP-2) from the requirements of the EU restriction of export and sale of “blue fuel” in the still unfinished route, Russia was forced to retaliate. Firm Nord Stream 2, which is the operator of the project and belongs to “Gazprom” appealed the decision of the German authorities, claiming that the new pipe fully meets the legal orders of the countries of the Old world. The next legal battles associated with increase Russian energy supplies to Europe, may shift the launch of SP-2 into operation, scheduled for the end of this year. Meanwhile, Russia is left only to lay 160 km of the underwater section of the pipeline. If Moscow will use a number of gaps in the legislative norms of the European Union, can in the shortest time to establish a supply of the new route.
Filed in the court of appeal of düsseldorf Nord Stream 2 to relate more to legal casuistry and confusion of the legal nuances of the EU, rather than concrete violations of the law. In may, BNA refused to release the “Nord stream – 2” from the new requirements of the Gas Directive. According to this document, any export pipeline, whose construction was to be completed until may 23, 2019, subject to the following competition rules: any part of the route runs through the territory of the EU, must be owned by third parties not involved in the production of gas; or the pipeline’s owner must provide a portion of the volume of the pipe to alternative suppliers.
to Give full life “Nord stream – 2” the statutory period “Gazprom” has failed. The company and its European partners, which provides investment half of the project, was showered with numerous political and economic sanctions, mostly from Washington, which led to their refusal to participate in laying the pipe across the Black sea. As a result, the main building contractor Allseas engaged in the work of laying the last section of the SP-2, avoid American restrictions, withdrew its ships from the Baltic sea. “Gazprom” had to throw in the area of production work the ship “Akademik Chersky”, which is the only domestic pipelay able to complete construction of the underwater section of the SP-2.
“Akademik” is ready to proceed with the completion of the laying of the last 160 km of the pipeline, the design capacity which should reach 55 billion cubic meters per year. This volume will allow Russia to keep its share in the European energy balance, which is currently estimated at 40%, and offer the Old world countries to buy “blue fuel” in modern ttransport route, is markedly different in the Ukrainian gas pipeline system or even the old pipeline “Yamal-Europe”, Russia’s access to which was restricted to Poland.
experts believe that the legal obstacles that are put before SP-2, appear somewhat absurd. New Russian gas pipeline was designed for a specific resource base of the Yuzhno — Russkoe and Bovanenkovo field located on the Yamal Peninsula. New contacts with the pipeline from other manufacturers, as required by the EU Gas Directive, will clearly not cost-effective.
However, it is clear that Russia with the introduction of the SP-2 still have to wait. The appeal of the Nord Stream 2 BNA will be considered no earlier than September 15 before the term “daughter” of “Gazprom” will have to substantiate their claims. Their content will largely depend on the process that may take several years.
however, experts believe that at present “Gazprom” in the first place, it is necessary to solve the main task — to build a new pipeline, after which it will be possible to consider the problem on its content.
According to the leading expert of the national energy security Fund Stanislav Mitrakhovich, to this day, in European law, there are still some loopholes that allow to circumvent the restrictions. Firstly, it is possible to transfer ownership of SP-2 to a third party, the owners of which will remain incognito. Part of the transport capacity of “Nord stream – 2” will have to book and redeem at the auctions, where “Gazprom”, as the sole supplier of raw materials on the pipe, will be given carte Blanche.
the Second option is to create a new electronic trading platform, sharpened on the supply of hydrocarbons from the Baltic sea. “Blue fuel”, and “black gold” can be purchased on this virtual stock exchange specific buyers who will be reselling energy around the world. In this project will be able to participate both Russian producers and foreign investors, as the new “exchange” will become a serious alternative platform for traditional players in the commodity market of the world.
But the most revolutionary solution will be the abolition of the monopoly “Gazprom” on export of Russian “blue fuel”. “At the exit of gas from Russia to change the law and allow the export of raw materials, not only Gazprom, but also other mining companies,” — said Mitrakhovich. Then Russian gas to Europe will flow in full and the provisions of the gas Directive will be formally implemented.
