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EU amended Gas Directive upheld despite Nord-2 Pipeline objections

The European Commission defended the amended European Union natural gas law, which has been challenged by the Russian-led Nord Stream 2 pipeline, saying it is in line with the bloc's agreements abroad.

"The EU now has clear rules that apply to all pipelines used to import gas into the European market," a Commission spokeswoman said. "The Commission considers that directive 2019/692 is fully compatible with the EU's international obligations," the spokeswoman said.

Nord Stream 2 had asked the Court of Justice of the European Union to annul the EU gas directive amendment enforcing measures including a requirement for pipelines not be owned directly by gas suppliers and for at least 10 percent of capacity be made available to third parties.

The rules governing the EU's internal gas market will in future also apply to pipelines to and from third countries. The Council formally adopted an amendment to the so-called gas directive which aims at closing a legal gap in the EU's regulatory framework and boosting competition in the gas market. This was the final step in the legislative process.

The overall objective of the amendment to the gas directive is to ensure that the rules governing the EU's internal gas market apply to gas transmission lines between a member state and a third country, up to the border of the member state's territory and territorial sea. Among the main elements of the EU gas market rules, which are set out in the so-called gas directive from 2009, are ownership unbundling, third-party access, non-discriminatory tariffs and transparency requirements.

The amendment provides for the possibility of derogations for existing pipelines to and from third countries, as well as clear procedures for negotiations with third countries and for exemptions regarding new pipelines.

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