Application of EU energy and certain national laws of Baltic sea countries to the Nord Stream 2 pipeline project

摘要

This article focuses on the application of EU energy law to Nord Stream 2 pipeline. Like most other large scale infrastructure projects, Nord Stream 2 is surrounded by political discussion. This article argues that these political aspects should not be confused with the permitting, regulatory and legal aspects of the project. The article will conclude that EU energy law is not applicable to external natural gas pipelines bringing gas to the EU internal market. This conclusion is supported by the text of the EU legislative framework, intention of the legislator and the current administrative practice at EU and national level. The article will also examine the jurisdiction of the relevant coastal states in the Baltic Sea under the UN Convention on the Law of the Sea as well as the internal laws of those countries.