Published 10 May 2017
European Union (EU) energy law in general and, in particular, the Third Energy Package (TEP), which was adopted in 2009, do not apply to sub-sea natural gas pipelines bringing natural gas to the border of the EUís internal natural gas market. Nord Stream 1 and now Nord Stream 2 belong to the category of external pipelines that are used for the transportation of natural gas to EU markets. At certain times the applicability of EU energy law to both these pipelines was discussed, but the ultimate conclusion in both cases was that while certain aspects of EU law (such as relevant parts of the environmental acquis) clearly apply in respect of them, EU energy law does not. For Nord Stream 2, the discussion on applicability included EU energy law, in particular the TEP, and took place both within academia and the European Commission. Finally, at the end of March 2017, the Commission recognised that the EU energy acquis and TEP do not apply to the Nord Stream 2 project.
Footnotes omitted from this introduction.