Nord Stream 2 AG, the operator of the Nord Stream 2 gas pipeline construction project, has applied for a precautionary certification as an independent transmission system operator, the company reported on Thursday.
The application has been submitted in accordance with the German Energy Industry Act (EnWG) following the request of the country’s Federal Network Agency (Bundesnetzagentur - BNetzA).
In the meantime, Nord Stream 2 AG continues its ongoing litigation and arbitration proceedings in relation to the 2019 enacted amendments of the EU Gas Directive, namely the appeal against the rejection of its application for a derogation at the German courts currently pending with the Dusseldorf Higher Regional Court.
Moreover, the appeal by Nord Steam 2 AG for annulment of the Gas Directive is currently pending at the Court of Justice of the EU, as well as the arbitration proceedings concerning breaches of the Energy Charter Treaty by the EU in the light of the amendments to the Gas Directive are underway.
"The application for certification by Nord Stream 2 AG does not imply any change or moderation of Nord Stream 2 AG’s legal position on the amended Gas Directive or the objectives that it continues to firmly pursue with the aforementioned litigations/arbitration," Nord Stream 2 AG said.
