Przegląd Ustawodawstwa Gospodarczego Nr 12/2009

W numerze:

Andrzej Krasuski
Agnieszka Besiekierska

Audiowizualne usługi medialne w prawie wspólnotowym

Audiovisual media services in community law
Directive 2007/65/EC on audiovisual media services, which must be transposed into national law by 19 December 2009, reflects changes in the field of audiovisual media services and extends the regulation to new media services using new technologies. The Directive distinguishes between linear and non-linear services. Linear services (e.g. television) are services which follow a schedule arranged by the service provider, while non-linear services (Video on Demand or Catch-up TV) leave users to decide when to watch a particular programme. There are two tiers of rules in the Directive: the first applies to all audiovisual media services and the second applies to linear services. The different tiers of rules are due to the different degrees of users? choice and control over linear and non-linear services. The Directive aims to be technology-neutral, which means that similar services should not be regulated differently because one happens to be provided by conventional broadcast whereas another is provided by a different medium that falls outside the rules.

Aleksander Maziarz

Niemiecki model ochrony konkurencji i konsumentów

German model of protection of competition and consumers
The article describes how the protection of competition and consumers is organized in Germany. It presents the evaluation of competition law in Germany from the beginning of XX century till the main changes of recent years. The main aim of this article is to present the organs responsible for competition and consumers protection. The article describes organization and powers of Bundeskartellamt - the organ responsible for competition protection, the Monopolkommision - the independent organ which is responsible to issue reports concerning the German mergers of enterprises and the Bundesministerimus fr Wirtschaft und Technologie - the organ which is responsible for consumers protection. It presents also the role of local organs responsible for competition protection. The article focuses on specific solutions developed in German competition law, such as decision making process in the Bundeskartellamt or role of the Monopolkommision. It presents also the main legal acts concerning protection of competition and consumers.

Michał Andruszkiewicz

Wysokość opłat za przyłączenie odnawialnych źródeł energii do sieci elektroenergetycznej

The level of fees for connecting renewable energy sources to electric power grids
The basic purpose of this publication is to present a position concerning the level of fees for the grid connection of renewable energy sources (RES). This is a particularly important issue for investors in renewable energy in the face of growing grid connection costs for new sources. Since the level set for connection fees transpires from legal regulations and the grid operators' pricing schedules confirmed on that basis, as well as from agreements made between parties to connection contracts, the article presents the impact of changes in the law on already existing connection contracts and the limits to the principle of freedom of contract in the case of setting connection fees. This problem requires particular explanation because of the non-uniformity of case law regarding the possible negotiation of the rates for fees contained in pricing schedules, which constitute contractual benchmarks, and on account of the approaching deadline for loss of binding force by the regulation instructing energy enterprises to collect connection fees in an amount constituting just one half of the actual outlays they incur for a given entity's grid connection. To recall, this particular regulation of the act amending the Energy Law dated 4 March 2005 will only remain in force until 31 December 2010. On the basis of an interpretation of the respective regulations of the Energy Law in conjunction with those issues from civil law that undoubtedly apply to the obligating relationship of a connection contract, the article analyses the legal nature of prices and rates for fees contained in energy enterprises' pricing schedules so as to clarify the above-mentioned issues. In other words, this article indicates whether the rates for prices and fees contained in the pricing schedule are in the way of maximum prices or rigid prices, or whether they can be determined freely. The author puts forward conclusions on this basis as to the level of connection fees being collected by electric power grid operators, both at present and after 31 December 2010.

Konsultacje

Joanna Majchrzak

"Pakiet antykryzysowy" dla specjalnych stref ekonomicznych - główne założenia projektu nowelizacji "przepisów strefowych"

"Anti-crisis package" for special economic zones - main ideas of zone regulations amendment draft
Global economic downturn, lasting since 3rd quarter of 2008, has exerted a particular influence on investors operating within special economic zones. As an effect of criteria exacerbation for granting commercial credits, they started to suffer from lack of money for investments. As a consequence, they faced a threat of losing right to take advantage of state aid, as well as having to pay all due taxes, with interests, for the whole utilized period of tax allowance. In the face of such difficult situation, the Ministry of Economy started to work on amendments to zone regulations in order to liberalize those regulations for the time the downturn lasts. First amendments concern - currently very strict - rules of adding new areas to special economic zones (SEZ). The draft foresees extending of catalogue of land that can be included in SEZ without fulfilling very strict criteria. Moreover, those criteria, concerning including of private land, are to be liberalized in the area of employment volume as well as investment expenditures. Next proposed amendment concerns wording of a permit for conducting economic activity within a zone and, therefore, the legal provisions to obtain such permit. The draft foresees that to obtain a permit, an investor wouldn't have to create new jobs, but maintaining manning on the existing level would be sufficient. The draft incorporates an essential change to rules of changing the permit. These are to be unified and liberalized. Firstly, investors that obtained a permit before August 4th 2008 (date when last major amendment to zone act came into force) will be able to take advantage of a new, easier procedure to change their permit (will not have to demonstrate independent reasons why they do not fulfil their commitments). Secondly, it will be possible to decrease the number of new jobs by max. 25%, as well as to extend the scope of activity specified in the permit. However, it will not be possible to change the permit by increasing the maximum value of qualified costs of an investment or biennial qualified labour costs. The last of the proposed changes foresees making it easier for zone administrator to acquire new land from agricultural property.

Recenzja

Walemar Hoff

Wewnętrzny rynek energii w Unii Europejskiej
Bartłomiej Nowak, Wewnętrzny rynek energii w Unii Europejskiej. Studium porównawcze na podstawie sektorów energii elektrycznej i gazu a sprawa (kwestia) Polski, Wydawnictwo C.H. BECK, Warszawa 2009, s. 278.

Spis treści rok LXII (2009) nr 1-12