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Poland’s PGNiG granted participation in Nord Stream 2 certification proceedings

The Polish side claims Nord Stream 2 AG does not meet the formal and substantive requirements for certification in the preferential model of Independent Transmission Operator

WARSAW, September 22. /TASS/. Poland’s PGNiG (Polskie Gornictwo Naftowe i Gazownictwo) has been granted the right to participate in the certification proceedings for the Nord Stream 2 gas pipeline, the oil and gas company said in a statement on Wednesday.

"The German Federal Network Agency (Bundesnetzagentur, BNetzA) has granted Polskie Gornictwo Naftowe i Gazownictwo SA and its German subsidiary - PGNiG Supply & Trading GmbH participation in the certification proceedings for Nord Stream 2," the statement said.

The Polish side claims Nord Stream 2 AG does not meet the formal and substantive requirements for certification in the preferential model of Independent Transmission Operator (ITO), adding that "a positive decision of the BNetzA would put at risk the security of supply of the EU and Member States," according to the statement.

"In the certification proceedings, we will also seek to ensure that the owner of Nord Stream 2 cannot avoid the application of ownership unbundling requirements, third party access and transparent tariffs which take into account the costs of the entire pipeline. We will prove consistently that Nord Stream 2 AG does not meet the formal and substantive requirements for the operator of the pipeline, in particular those relating to security of supply and the corporate structure of the company," President of the Management Board of PGNiG SA Pawel Majewski was quoted as saying.

The Polish side also believes that putting the pipeline into operation before obtaining a final certification decision will constitute a breach of German and EU law. "Operating without final certification decision would lead to discrimination of other energy companies and distortion of the competition on the internal gas market. For this reason, PGNiG SA. and PST GmbH reserve their right to use all legal measures to oppose such conduct of Nord Stream 2 AG," the statement said.

The construction of Nord Stream 2 was fully completed on September 10. Before pumping can commence, the operator of the project should submit certificates of technical norms conformance to the Stralsund mining authority. It should also be registered as an independent transport operator - the Federal network agency (Bundesnetzagentur) is to issue certification by January 8, 2022. The agency cannot prohibit gas pumping, but if it starts before the registration is finalized the operator will be fined.