Government says 'yes' to Nord Stream's gas pipeline

The basis of the Government's decision is that all states are entitled to lay pipelines in international waters and on the continental shelf of a coastal state. The Government's room for manoeuvre has thus been considerably more limited than it is when considering applications concerning Swedish territorial waters or construction in Sweden. Safeguarding the Baltic Sea environment is, however, a priority issue for the Government. The Government has therefore set strict requirements for the company to clarify the possible impact of the project.

"The Government has set tough conditions to ensure that the sensitive environment of the Baltic Sea is not jeopardised. We have undertaken an extremely extensive study of the environmental impact of these pipelines. The company has been required to make several supplementary studies and have step by step complied with the referral bodies' viewpoints. I am able to state that no central government agency has subsequently opposed the project as a whole. Approval of the application is thus the only possible decision," comments Minister for the Environment Andreas Carlgren.

Examination of the application based on international law and Swedish legislation has been extensive.

• The Convention on the Law of the Sea has constituted the legal framework.
• An examination has been conducted under the Continental Shelf Act.
• Extensive consultations have been held with Germany, Denmark, Finland, Russia, Estonia, Latvia, Lithuania and Poland under the Espoo Convention on Environmental Impact Assessment in a Transboundary Context.
• Several rounds of referrals have been conducted with Swedish government agencies.

Under the UN Convention on the Law of the Sea, all States are required to protect and preserve the marine environment, with particular responsibility for a coastal state to prevent harmful environmental impact in its exclusive economic zone and its continental shelf. Account has been taken of this when examining the company's application.

The decision to approve the application is conditional on several far-reaching terms and commitments, including:

• the location of the pipelines, which will be determined according to the coordinates set by the Geological Survey of Sweden,
• requirements for the company to have a control programme for monitoring activities, to be produced in consultation with the Swedish agencies concerned,
• permission for muddiness, caused by work on the seabed in connection with laying each pipeline, up to a standard level of a maximum of 15 mg/litre at the border between Hoburgs bank and Norra Midsjöbank,
• requirements for operations to take place in accordance with the commitments made by the company in its application and supplements, such as not to undertake construction work in areas that are important for cod spawning during the period May-October,
• full responsibility of the company for account being taken of military remains when constructing and operating the pipelines,
• responsibility of the company for information and planning as regards phase-out and restoration of the environment when relevant.

"There are now a number of conditions and commitments from the company to safeguard the environment, fisheries and shipping of the Baltic Sea. The impact on the Baltic Sea environment, according to the national government agencies, will be extremely limited, and only during a brief period in connection with construction. The Government thus considers that the route applied for is compatible with Sweden's obligations to protect and preserve the marine environment," says Mr Carlgren.

"Sweden has a long tradition of compliance with international law and conventions. This will not be broken. The Convention on the Law of the Sea entitles all countries to our seas and is important for promoting peace and security in the world," says Mr Carlgren.