A common EU framework regulating import pipelines for gas: Exploring the Commission’s proposal to amend the 2009 gas directive

Anna Marhold, Leigh Hancher

Research output: Contribution to journalArticleScientificpeer-review

Abstract

This contribution will investigate the form and content of a new and updated EU legal
framework supposed to regulate third-country import pipelines for gas, including the
‘upstream’ component of the Nord Stream 2 pipeline. The article will first set the scene
and examine the essential features of the current legal regime regulating import
pipelines in the EU and explore its extraterritorial dimension, including the discussion
of the allocation of competences between the Union and its Member States.
Subsequently, the paper will explore the newly proposed EU legal framework for
import pipelines as set out in the Commission’s proposal to amend the 2009 Gas
Directive. It will focus on three crucial, interlinked dimensions: 1) The proposed form
of such legislation; 2) the applicability of the framework to existing and new pipelines
entering the EU (scope), and 3) a potential derogation and exemption regime for import
pipelines.
Original languageEnglish
Pages (from-to)1-33
Number of pages33
JournalJournal of Energy and Natural Resources Law
Publication statusSubmitted - 15 May 2018

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