On the sidelines of the European Council on Thursday 19 October, a source close to European Commission President Jean-Claude Juncker said that faced with a blockage in the discussions at the EU Council on its request for a mandate to negotiate with Russia on a legal framework for using the Nord Stream-2 gas pipeline, the Commission is to propose, on 8 November, an amendment to the third legislative package on liberalising the energy market in order to clarify the regulatory framework for gas pipelines from third countries.
"We think the Nord Stream-2 project is falling into a legal vacuum. The Commission is clearly aware it has a duty to respond to the situation. We have tried the way of the mandate. Now we try a more orthodox Community method. This shows that we will continue to inject clarity and certainty" in this issue, the source stated.
On 9 June, the Commission asked the Council for a mandate to negotiate with Russia on its legal framework so as to ensure that the offshore section and coastal part of Nord Stream-2 can operate in line with the fundamental principles of international law and EU legislation on energy – particularly with the third package – and on competition (see EUROPE 11805).
But the discussions are bogged down at the Council, where despite "support from many member states", "there is not a unanimous agreement", Juncker regretted on Thursday evening. At the European Council, "we concluded that the Council should continue its work. I don't believe that in a few months from now we will have unanimity on this issue. But the Commission still thinks it is useful for it to have a negotiating mandate with Russia", Juncker concluded. (Original version in French by Emmanuel Hagry)