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First published online: 13 Feb 2019 This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way. This contribution investigates the form and content of a new and updated European Union (EU) legal framework intended 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 EU 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.

With an increasing regulatory framework being introduced under European Community law, Member States may gradually lose their ability to organise their electricity and gas sectors. Different levels...

(1997). Energy Regulation and Competition in Canada. Journal of Energy & Natural Resources Law: Vol. 15, No. 4, pp. 338-365.