You are right that 2.2 is using the second level formatting. This is caused by the fact that you use a list-of-texts datafield (i.e. #force-majeure-event^negative-list) inside an enumeration. When a list-of-texts datafield gets “expanded” into a regular paragraph, it is converted into an enumeration. Hence the enumeration-within-an-enumeration result.
The easiest way to solve this is to simply drop the surrounding { LIST | ... } construction around the datafield in 2.2. If you happen to have the enumerations -> items in the same block of text --> always number the items styling setting active, then the bare list-of-texts datafield will get converted into a numbered list automatically.
If you do not have this styling setting set to active, or if you really want to be sure that — irrespective of the styling that happens to be active — you always want to convert the datafield into a numbered list, then you should use @enumerate-numbered(#force-majeure-event^negative-list), or one of its variations, instead of the {LIST | ... } construction.