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Application of EU Gas Directive to maritime parts of gas pipelines from third countries: Some remarks from the standpoint of international law and EU law

Alternative title:

Vikoristannâ Gazovoї direrektivi ÊS ŝodo primors’kih častin gazoprovodiv iz tretìhraїn-ìmporteriv: zauvažennâ v prizmì mìžnarodnogo prava ta zakonodalstva Êvropejs’kogo Soûzu



Subject and Keywords:

Energy security   import gas pipelines   Gas Directive   the United Nations Convention on the Law of the Sea


Tekst pol., streszcz. ang., ukr.


Energy security of Poland and Ukraine requires that gas pipelines importing natural gas to European Union from third countries, including maritime parts of those pipelines, are subject to EU Third Energy Package, including the EU Gas Directive. The latter body of law aims to ensure precompetitive market environment with third party access to pipelines and ownership unbundling which is strongly favourable to market investments, consumer welfare and security of gas supplies. General international law and EU primary law, as they now stand, make it possible to extend the territorial jurisdiction of EU and, consequently, territorial scope of application of EU law, to some maritime areas belonging to EU Member States, i.e. territorial seas, exclusive economic zones and continental shelves. Thus, international law and primary EU law authorize the actions of EU institutions and EU Member States aiming at extension of EU Third Energy Package to maritime parts of import gas pipelines. It is to be regretted that recently adopted EU Directive 2019/692, amending EU Gas Directive, does not make use of those broader legal entitlements. In view of its specific provisions, EU Directive 2019/692 does not change current de facto derogation from EU Third Energy Package which import gas pipelines still enjoy.

Place of publishing:



L'vìvs'kij nacìnal'nij unìversitet ìmenì Ìvana Franka

Date issued:



ISSN 2082-4939


PAd P 102216 II


pol   ukr   eng


Wrocławsko-Lwowskie Zeszyty Prawnicze, 2019, 10, s. 189-207

Is version of:

Czasopisma Naukowe w Sieci (CNS)

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Copyright by Vidavnictvo L'vìvs'kogo nacìonalʹnogo unìversitetu ìm. Ìvana Franka

Autor opisu:

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