Title: The non-discrimination obligation for gas system operators: differences and similarities

Authors: Hannah Kruimer

Addresses: Rijksuniversiteit Groningen, Bedrijfsrecht en Europees Recht, Oude Kijk in t Jatstr 26, 9712EK Groningen, The Netherlands

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.

Keywords: non-discriminatory access; third-party access; pipeline networks; distribution systems; storage facilities; gas infrastructures; non-discrimination obligations; Third-Gas Directive; internal markets; natural gas; European Parliament; transmission networks; EC Directive 2009/73; EC Regulation 715/2009; European Council; upstream networks; storage facility operators; unbundling; regulated access; negotiated access; legal instruments; system operators; legal interpretation; private law.

DOI: 10.1504/IJPL.2011.041070

International Journal of Private Law, 2011 Vol.4 No.3, pp.420 - 443

Published online: 28 Mar 2015 *

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