Europe has adopted two contradictory decisions in respect of future supplies of Russian gas to the countries of the Old world. On the one hand, the Federal network Agency of Germany (BNA) released on the 20 years of the pipeline “Nord stream – 1” (SP-1) from the rules of the EU Gas Directive. This regulation requires access to strategic energomarket third-party vendors to create a competitive market for the export of “blue fuel”. Operation of both branches of the pipeline was launched eight years ago, but European laws until the last moment allowed the Russian to fill the tube only half. Now, SP-1, our country can supply only its own fuel. But the fate of another project, “Nord stream – 2” (SP-2) remains uncertain. For the completion of the left to pave the entire 160 km of pipes across the Baltic sea. But, according to the decision of the European court, SP-2 subjected to the norms of the EU Gas Directive, so even after its launch, apparently, a few years the new pipe will not be filled to more than 50%.
the decision of the German energy regulator BNA relative to SP-1 was a positive for Russia. But the significance of this legal victory should not be overestimated. First, the pipeline operated for many years. Second, it was built long before the rules of the EU Gas Directive (this happened late last year) took effect.
According to experts in the energy industry, Analitika Igor Yushkov, the verdict of the German regulator, although it shouldn’t be attributed to the sensational, is a major plus for “Gazprom”. The release of the pipeline from the norms of the Third energy package of the EU will allow to increase deliveries to the design capacity. Now they barely reach 28 billion cubic meters per year and about equally divided between terrestrial branches — land routes, NEL and OPAL, both of which runs through Germany. Now the supply of “Gazprom” on these branches can grow to be officially incorporated in the project initially 55 billion cubic meters.
however, the decision of the European court about the SP-2, made almost simultaneously with the conclusion of the BNA, can threaten the Russian gas concern much larger troubles in the future. SP-2 is still not completed — left to pave less than 10% of its marine area. But to complete the creation of new gas transportation route within a specified time, i.e. before the end of 2019, Russia could not. In this regard, the verdict of the European court is quite legitimate.
According to Director General of national energy security Fund Konstantin Simonov, if in the case of SP-1, our country had every reason to insist on his exemption from coverage by the terms of the EU Gas Directive, the delay in the completion of the realizationimplementation of SP-2, it depended on the Russian side (due to the threat of us sanctions from participating in the project refused Swiss contractors), allows you to impose on him the European restrictive rules.
As suggested Yushkov, judicial verdicts of the Old world look pretty absurd. New Russian gas pipeline is designed for a certain resource base of the Yuzhno — Russkoe and Bovanenkovo field located on the Yamal Peninsula. Access pipeline third party is not economically justified and poses additional technological puzzles.
“in addition, European legislation implies that the producer of “blue fuel” has the right to be also a supplier to the downstream markets. Practically, this means that “Gazprom” after the completion of the project SP-2 will have to sell a majority stake of the transport operator. Similar rules sounds very strange to a Russian company for a long time and in detail worked out all the details of the project, negotiate with investors, defended him in various courts, and now she urgently needs to abandon his “brainchild”, and in the best case to settle for the position of a minority partner,” says the analyst.
experts believe that at present “Gazprom” should take judicial reprieve and, in the first place, to finish the rest of the marine section of the pipeline. According to recent reports, the Russian laying vessel “Akademik Chersky” ready for this mission. And then, on the background of the finished pipes, the Russian side should try to find loopholes in European law to mitigate their own financial losses and to accelerate the commissioning of SP-2 into operation.
to Finish Gazoprovod it is theoretically possible for a couple of months. But the process of resolving all the problems with the new export route, warns Yushkov, will take several years and require additional legal proceedings. Therefore, SP-2, even after its launch, which, according to the statements of the Russian side promises to be at the end of this – early next year, a few years runs the risk of be filled only half.
