Questions & answers
Approval process
What permission has to be granted in order to proceed with the construction of the OPAL? What is the current status of the approval process?
What is the legal basis for the granting of permits for the OPAL?
The regional planning processes are based on the land use planning laws of the individual federal states. The actual planning approval process is based on the Energy Management Act (Energiewirtschaftsgesetz), which combines all the pertinent legislative issues such as nature protection, water management legislation, the protection of historical monuments or environmental impact assessments into one process and then concludes with the planning approval, which then has the force of law. Alongside approval of the route, planning permission in the form of technical approval in accordance with the Ordinance Regulating High Pressure Gas Pipelines is issued by the authorities. Both permits are required in order to build a high pressure gas pipeline.
Which permits have already been granted?
In all three federal states affected, Mecklenburg-Western Pomerania, Brandenburg and Saxony, the permitting process have already been completed.
How do you assess the decision of the Federal Network Agency to grant part exemption for the OPAL in accordance with § 28a of the Energy Management Act?
The entire Nord Stream project, including the OPAL and the NEL, represents a singular challenge for all involved because of its special significance but also because of the financial risks. With its decision to exempt the transport of natural gas from the point where the NORD STREAM Baltic Sea pipeline comes on land in Greifswald to the Czech Republic from network access and tariff regulation, the Federal Network Agency has helped to create reliable and stable conditions for realizing the OPAL project. The exemption applies from the date of commissioning for a period of 22 years.
The European Commission has also underlined the importance of the OPAL in ensuring a secure supply of natural gas for Europe – and has fundamentally confirmed the decision by the Federal Network Agency.
Why was an application for exemption even submitted?
“OPAL NEL TRANSPORT GmbH submitted an application for exemption from regulation in order to enable this key project, which is unique in Europe and generally endorsed, to be realized. From the perspective of the transport customers it is important to ensure that their long-term usage interests – especially in international gas transit – can be safeguarded with the corresponding transport agreements. From the perspective of the investors it is necessary to ensure a stable return of the very extensive resources invested.”
