Abstract

The changes that occurred to the Energy Law Act of 10 April 1997 (in Polish: Prawo Energetyczne; hereafter PE) in 2009 were for the most part not the outcome of the Polish legislator directly amending the PE itself. Instead, they were a consequence of the amendment of other legal acts related to the PE in scope adopted primarily due to the need to adjust the Polish legal order to EU law requirements.

Highlights

  • In accordance with Art. 9h(6) of the Energy Law the owner of a network is obliged to table a motion to the URE President concerning the designation of an operator within a period of 30 days from the day the decision of the URE President is handed down on awarding that owner a concession to carry out business activity in making avail of those networks or installations, or from the day in which the owner concluded a contract on entrusting the performance of the obligations of the operator

  • The basic difference between the support system for generating electricity in renewable sources and in high-efficiency cogeneration and the support system for generating agricultural biogas is the fact that the activity depending on generating agricultural biogas is, in light of the provision in Art. 9p of the Energy Law, a regulated activity

  • The introduction to the Energy Law of the provision in Art. 11c, 11d, 11e, 11f, and Art. 3(16a)(16b)(16c), and (16d) by virtue of the Act of January 8, 2010 on amending the Energy Law and on amending certain other acts represents a transposition of the provisions of Directive 2005/89/EC of the European Parliament and of the Council of January 18, 2006 concerning measures to safeguard security of electricity supply and infrastructural investment

Read more

Summary

General remarks

In 2010 the Polish Parliament passed just two amendments to the Act of April 10, 1997 – the Energy Law[1] (hereafter, the Energy Law). The second change to the Energy Law was enacted by virtue of the Act of April 9, 2010 on making available economic information and exchanging economic data[3]. The first of the above amendments, the work into which had begun early in 2009, has significantly influenced the functioning of the electricity market in Poland. This amendment has a manifold character and in a comprehensive manner regulates a range of issues that will be discussed in this paper. In keeping with chronological order, I shall in brief describe the change enacted by virtue of the Act of April 9, 2010 on making available economic information and exchanging economic data. The Act of January 8, 2010 on amending the Energy Law and on amending certain other acts

The amendment’s general aims and premises
The particulars of the procedure for changing the seller
The introduction of the support system for generating agricultural biogas
Introduction
New definitions
Security threats to the supplies of electricity
Removing the state of threat to the security of electricity supplies
The new powers and obligations of the URE President
Findings
Summary
Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call