The non-discrimination obligation for gas system operators: differences and similarities Online publication date: Sat, 28-Mar-2015
by Hannah Kruimer
International Journal of Private Law (IJPL), Vol. 4, No. 3, 2011
Abstract: The article identifies the main differences and similarities in Directive 2009/73/EC and Regulation 715/2009 regarding the requirement of non-discriminatory third-party access, provided by upstream pipeline network, transmission system, distribution system and storage facility operators. It is argued that non-discriminatory third-party access to the four types of infrastructure is to be achieved through three instruments: unbundling; regulated or negotiated third-party access; and non-discriminatory third-party access rules. These instruments are implemented in different ways depending on the type of infrastructure. It is argued that in spite of the difference in implementations, non-discriminatory third-party access must be interpreted the same way for all system operators given the fact that the differences only determine the intensity of the manner to achieve non-discriminatory third-party access in each case, and not how non-discriminatory third-party access must be interpreted.
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