
As a Polish expert wrote in 2019,: “The amendment to the [European Union’s] gas directive explicitly confirms that EU law applies in the case of Nord Stream 2 (that is, to the section running through German territorial sea), including the rules on unbundling, third-party access, independent operators et al.: (Agata Łoskot-Strachota, “The gas directive revision: EU law poses problems for Nord Stream 2,” OSW, Warsaw, 21.02.2-19.).
However, Putin’s hubris should be taken with a grain of salt. In reality, his options in this regard are subject to current technical-economic constraints of the Russia gas sector, as my research had indicated in recent weeks.
Russian domestic storage was announced to be at 97% full mid-last-week due to its continuing all-out Gazprom filling campaign, reportedly at the high rate of about 300 million cubic meters/day (mcm/d). The plan had been to finish by 1 November.. Thereafter, this maxed-out production has to immediately be choked off or be sent somewhere else – and indeed there is only one option; but it is not Nord Stream 2…
One caveat: a recently announced 7 November Gazprom export start date did not made sense. Where would the maxed out production flows go from 1 to 7 November? However, an article yesterday by Bloomburg [possible paywall] clarifies “Gazprom said Wednesday that the Russian re-injection campaign would be a week longer than the original Nov. 1 conclusion.” This is quite plausible – it is simply taking an extra six days to top off Russian domestic storage.
So to reiterate points I have stressed over the past few weeks (e.g., at Naftogaz’ Ukraine Gas investment Congress closing panel in Kyiv last Thursday-I’ll put a video of this here soon- and in various interviews):
First, while Putin has relished playing the gas-mafia Godfather (e.g., at the St Petersburg gas conference two weeks ago), asserting that, if Nord Stream 2 is rapidly approved, Gazprom exports could save Europe this winter, he has been merely posturing as the strongman decider. He wanted to appear to be craftily withholding extra, non-contracted gas supplies needed to fill the company’s storage facilities in Germany and throughout the EU, all still now at worryingly low levels long after the traditional filling season ended at the start of October.