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Przegląd Ustawodawstwa Gospodarczego Nr 02/2007

ISSN: 0137-5490
Pages: 32
Place publication: 2007 Warszawa
Binding: paperback
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Marek Szydło

"Unbunbdling" własnościowy ("ownership unbundling") jako instrument regulacyjny w sektorze energetycznym (część I)

Owership unbundling as a regulatory measure in the energy sector
Free, without discrimination and on economic reasonable conditions network access is one of the main aim of regulation in the energy sector. In order to ensure realization of this aim, European Community in Electricity Directive (2003/54/EC) and in Gas Directive (2003/55/EC) obliged Member States to implementation of so called unbundling, which means some degree of separation between network (transmission and distribution) activity (on one hand) and other forms of activity in energy sector, especially in the field of generation and supply (on the other hand). This unbundling nowadays has a form of account, functional and legal unbundling and only in some limited extend leads to diminuation of the ownerships rights, which belong to the vertically integrated energy undertakings. The most advanced form of the unbundling is co called ownership unbundling, which leads to the negative consequences on the side of vertically integrated energy undertakings: namely, they have to get rid of ownership rights to the network assets or/and they have to get rid of shares, which they own in the network (transmission and distribution) companies. This article (Part I) presents the very different forms of ownership unbundling (on theoretical level), namely: independent system operator approach, nationalization of the system operator, transferring of the network assets on the system operator, national system operator approach and relaxation of the connections in the vertically integrated undertaking.

Radosław R. Zdzieborski

Działanie instytucji kredytowej w Polsce poprzez oddział. Główne problemy kolizyjne

Polish branch of an EU credit institution. Conflict of laws issues
Polish branch of an EU credit institution. Conflict of laws issues. This article relates to conflict of laws issues connected with a credit institution with its seat in another EU Member State acting through its branch in Poland. The article takes into account relevant regulations contained in the laws of other EU Member States. In a general introduction author describes relevant regulation contained in the Banking Law Act. In particular, this point initially discusses article 48k.2 of the Banking Law Act which stipulates that the activities of Polish branches of EU credit institutions are regulated by certain provisions of the Banking Law Act "applied accordingly". After the general introduction, point 2 examines what is the personal status of the EU credit institution and its Polish branch. Point 3 pays attention to what is the law proper for powers of attorney granted by the credit institution with respect to its business done through a Polish branch. Point 4 examines views in the theory of law as to what it actually means to apply accordingly certain provisions of law. Points 5 - 12 analyze piece by piece what it actually means to apply accordingly relevant provisions of the Banking Law Act to Polish branches of EU credit institutions. Author discusses application to Polish branches of EU credit institutions of the following provisions of the Banking Law Act: provisions on the permitted list of banking activities, provisions on outsourcing, provisions on electronic banking, provisions on liquidity, provisions on an internal audit, provisions on certain administrative requirements connected with the establishment of a branch, provisions on maintaining bank accounts, provisions on payment settlements, provisions on loan agreements, provisions on extending bank guarantees, provisions on issuance of banking securities (certificates of deposit), provisions on securitisations, provisions on certain legal privileges of Polish banks, provisions on banking secrecy, provisions on regulatory powers of the Banking Supervision Commission, provisions on the authority of the Banking Supervisory Commission to issue certain secondary legislation and provisions on offences connected with the banking business. Point 13 contains concluding remarks of the author.

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