Polish government's documents have concluded that controversial pipelines from Russia to Germany should be a subject to EU legislation. This may reduce its harmfulness for Central and Eastern Europe markets or even – in case of Nord Stream 2 – block the construction. Poles' new opinion confirms it, writes Wojciech Jakobik, BiznesAlert.pl's editor-in-chief.
Jakobik described a legal analysis prepared years earlier for Donald Tusk's government that clearly states that the existing Nord Stream pipeline from Russia to Germany should be a subject to EU's legislation despite argumentation of followers of deliveries transport on this route, according to BiznesAlert.
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Polish lawyers say that the European Union has a right along its member states for jurisdiction in the energy field. The Third Energy Package should be applied directly to sea parts of Nord Stream 2 in territorial waters of EU member states. In this area, lawyers refer to International Court of Justice and the EU Court of Justice legislature. They also confirm that EU jurisdiction extents to exclusive economic zones.
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If the European Commission listened to Polish lawyers, a deadlock in case of adaptation the Russian law to EU regulations could block the project. It is the only possibility of blocking it apart of rejection of optional EC-Russia deal by the European Parliament, Jakobik said.