The Obligation of Strategic Gas Storage Introduced in Poland as an Example of a Public Service Obligation Relating to Supply Security: A Question of Compliance with European Law
This paper presents the system for the strategic storage of gas imposed by the Act on Fuel Reserves and evaluates its compliance with the relevant provisions of EU law, in particular the so-called 2nd and 3rd Internal Energy Market Packages. Unlike the case of legislation on strategic oil stocks, EU...
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| Format: | Article |
| Language: | English |
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University of Warsaw
2011-08-01
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| Series: | Yearbook of Antitrust and Regulatory Studies |
| Subjects: | |
| Online Access: | https://yars.wz.uw.edu.pl/images/yars2011_4_4/Mordwa_The_Obligation_of_Strategic_Gas.pdf |
| _version_ | 1818456177239916544 |
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| author | Maria Mordwa |
| author_facet | Maria Mordwa |
| author_sort | Maria Mordwa |
| collection | DOAJ |
| description | This paper presents the system for the strategic storage of gas imposed by the Act on Fuel Reserves and evaluates its compliance with the relevant provisions of EU law, in particular the so-called 2nd and 3rd Internal Energy Market Packages. Unlike the case of legislation on strategic oil stocks, EU legislation on gas does not impose on Member States any obligation to maintain strategic reserves of gas. Furthermore, Member States are obliged to implement common rules establishing an internal market in natural gas including Third Party Access (TPA) to storage facilities. However, Member States are allowed to impose on undertakings operating in the gas sector, in the general economic interest, public service obligations which may relate to supply security, and EU law recognizes the contribution of gas storage to the security of supply. Thus, the objective of this article is to evaluate whether the Act on Fuel Reserves as well as the amendments to it proposed by the Polish Ministry of the Economy are in line with the relevant provisions of EU law. The analysis includes the position of the Court of Justice presented in several judgements as regards the concept of public service obligations. |
| first_indexed | 2024-12-14T22:22:31Z |
| format | Article |
| id | doaj.art-da64d6cdfbfe464d851e8a8db4dd6fe2 |
| institution | Directory Open Access Journal |
| issn | 1689-9024 2545-0115 |
| language | English |
| last_indexed | 2024-12-14T22:22:31Z |
| publishDate | 2011-08-01 |
| publisher | University of Warsaw |
| record_format | Article |
| series | Yearbook of Antitrust and Regulatory Studies |
| spelling | doaj.art-da64d6cdfbfe464d851e8a8db4dd6fe22022-12-21T22:45:28ZengUniversity of WarsawYearbook of Antitrust and Regulatory Studies1689-90242545-01152011-08-01445782The Obligation of Strategic Gas Storage Introduced in Poland as an Example of a Public Service Obligation Relating to Supply Security: A Question of Compliance with European LawMaria MordwaThis paper presents the system for the strategic storage of gas imposed by the Act on Fuel Reserves and evaluates its compliance with the relevant provisions of EU law, in particular the so-called 2nd and 3rd Internal Energy Market Packages. Unlike the case of legislation on strategic oil stocks, EU legislation on gas does not impose on Member States any obligation to maintain strategic reserves of gas. Furthermore, Member States are obliged to implement common rules establishing an internal market in natural gas including Third Party Access (TPA) to storage facilities. However, Member States are allowed to impose on undertakings operating in the gas sector, in the general economic interest, public service obligations which may relate to supply security, and EU law recognizes the contribution of gas storage to the security of supply. Thus, the objective of this article is to evaluate whether the Act on Fuel Reserves as well as the amendments to it proposed by the Polish Ministry of the Economy are in line with the relevant provisions of EU law. The analysis includes the position of the Court of Justice presented in several judgements as regards the concept of public service obligations.https://yars.wz.uw.edu.pl/images/yars2011_4_4/Mordwa_The_Obligation_of_Strategic_Gas.pdfpublic services obligationssecurity of supply of natural gasobligation of strategic gas storagetpa tostorage facilities |
| spellingShingle | Maria Mordwa The Obligation of Strategic Gas Storage Introduced in Poland as an Example of a Public Service Obligation Relating to Supply Security: A Question of Compliance with European Law Yearbook of Antitrust and Regulatory Studies public services obligations security of supply of natural gas obligation of strategic gas storage tpa tostorage facilities |
| title | The Obligation of Strategic Gas Storage Introduced in Poland as an Example of a Public Service Obligation Relating to Supply Security: A Question of Compliance with European Law |
| title_full | The Obligation of Strategic Gas Storage Introduced in Poland as an Example of a Public Service Obligation Relating to Supply Security: A Question of Compliance with European Law |
| title_fullStr | The Obligation of Strategic Gas Storage Introduced in Poland as an Example of a Public Service Obligation Relating to Supply Security: A Question of Compliance with European Law |
| title_full_unstemmed | The Obligation of Strategic Gas Storage Introduced in Poland as an Example of a Public Service Obligation Relating to Supply Security: A Question of Compliance with European Law |
| title_short | The Obligation of Strategic Gas Storage Introduced in Poland as an Example of a Public Service Obligation Relating to Supply Security: A Question of Compliance with European Law |
| title_sort | obligation of strategic gas storage introduced in poland as an example of a public service obligation relating to supply security a question of compliance with european law |
| topic | public services obligations security of supply of natural gas obligation of strategic gas storage tpa tostorage facilities |
| url | https://yars.wz.uw.edu.pl/images/yars2011_4_4/Mordwa_The_Obligation_of_Strategic_Gas.pdf |
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