On 7 May 2008, the President of the Energy Regulatory Authority applied to the European Commission for a declaration that the wholesale market for electricity generation and trading in Poland is a competitive market .
Private entities operating in certain market sectors (e.g. energy, transport) must apply the rules set by the Public procurement law. However, this duty ceases to exist if the Commission states that the respective market sector in an EU Member State is competitive, and access to it is not restricted. The Commission has already made similar rulings e.g. in respect of the Swedish and British energy markets.
If the Commission accepts the President of the Energy Regulatory Authority's application, or does not issue a decision within 7 months of its receipt, companies operating in the Polish wholesale electricity generation and trading market will no longer be obliged to follow the Public procurement law when awarding contracts related to this market. A verdict on this matter from the Commission could therefore facilitate the operations of energy companies in Poland.
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The original publication date for this article was 16/05/2008.