The President of the Energy Regulatory Office has established the next operatorship agreement for the Yamal gas pipeline
The agreement established by the decision of the President of URE will be effective as of 1 January 2023 and remain in force until 6 December 2068.
On 29 August 2022 the President of the Energy Regulatory Office issued a decision establishing the contents of the next operatorship agreement between OGP GAZ-SYSTEM and SGT EuRoPol GAZ. Under the terms and conditions set out in the agreement, after 31 December 2022, OGP GAZ‑SYSTEM will continue to perform the duties of a transmission system operator on the section of the Yamal-Western Europe Transit Gas Pipeline System on the territory of the Republic of Poland and owned by SGT EuRoPol GAZ.
The decision of 29 August 2022 was issued in connection with the fact that eight months before the termination of the current agreement, the parties failed to conclude a new agreement entrusting the performance of the duties of the gas transmission system operator on the section of the Yamal pipeline located on Polish territory. The regulations of the Energy Law Act provide that in such a situation it is down to the President of URE to establish the contents of the next operatorship agreement between SGT EuRoPol GAZ and OGP GAZ-SYSTEM. In accordance with the applicable regulations, the decision of the President of URE replaces the next operatorship agreement to be concluded between these companies, within the scope of the decision.
The decision of the President of URE sets out, among other things:
- the operator’s area of operation,
- the terms for the performance of the parties’ obligations,
- the method of calculating the remuneration payable to SGT EuRoPol GAZ for the operator’s use of the assets,
- the rules on the liability of the parties for non-performance or improper performance of their obligations under the agreement, including stipulated penalties.
OGP GAZ-SYSTEM, by decision of the President of URE of 17 November 2010, was designated ex officio as the transmission system operator for the section of the Yamal-Western Europe gas pipeline located on the territory of Poland for a period until 31 December 2025, which by virtue of law was extended until 6 December 2068.
In the event that OGP GAZ-SYSTEM and SGT EuRoPol GAZ conclude an transmission system operatorship agreement, the decision of the President of URE will expire by operation of law within the scope set forth in such new agreement.