Gas

• monitoring of changes in the EU and national regulations, particularly in the area of rules and principles interpretation determined for the common gas market establishment
• legal analysis of selected conditions in the gas market functioning regards to the national rules and its proper application or implementation in accordance with the EU and international regulations
• regulations and requirements in the area of energy security (country, supplies, infrastructure), including the issue of compulsory stocks and diversification of the supplies direction and other matters
• procedures and requirements for obtaining appropriate concessions and permits, enforcement of the regulatory obligations and obtaining the appropriate exemptions in this area
• preparation and application of tariffs and/or prices and trade policy compliance with regulations in force
• public aid for energy industry and conditions of support system functioning, including inter alia: certificates, certificates of origin and other directional forms of support, obtaining or providing the opinion on conditions of obtaining the support measures along with financial instruments assistance or the state guarantees and its analysis and notification before the competent national or EU authorities
• conducting the proceedings or legal representation before Energy Regulatory Office, Office of Competition and Consumer Protection, courts and public authorities

• models and conditions of national and abroad purchase of gas within the intra-Community acquisition of goods or the acquisition from the outside of EU
• regulatory conditions of the LNG or the CNG purchase – sale, including the logistics at the macro (through the LNG terminal) or micro (small LNG) scale
• negotiations and contracting on the existing or alternative TPA supplier market with special emphasis on pricing formulas or the various types of penalties or Take or Pay clauses
• wholesales gas market contracts: sales or EFET standards of gas, LNG or the capacity, including the intra-Community  acquisition of goods or the acquisition from the outside of EU, additional contracts supporting the wholesale trade
• contracts on the retail gas market, including the comprehensive contracts and sale contract, contract of the purchasing group with the specific requirements for the customer and documentation package supporting the proper commercial policy, with the special emphasis on the regulation for the customer
• contracts connected with the required gas logistics: starting from agreements for the gas network connection, including the specifications for the future participation in the TPA market, contracts providing transportation (transit, transmission or distribution), contracts of storage services and contracts of regasification/liquefaction services
• supporting contracts in the area of balancing groups functioning, gas purchasing groups, shipper contracts and other contracts supporting the retail gas purchase
• terms and conditions in the area of the wholesale energy market integrity, transparency (REMIT and EMIR, MIFID, MIFID II, MIFIR) and gas trading in the virtual point, hubs, on the stock or trading platforms

Comprehensive advisory includes:
• conditions of wholesale/retail gas market functioning in Poland and the neighbouring countries (Baltic region countries, Visegrad group, western EU countries),
• support in the regulatory business model development and the gas trading
• conditions of cooperation with the transmission/distribution system operators on the gas market
• drawing up the patterns connected with the gas purchase (model contracts, standard offers etc.)
• products and the gas trade tariff
• corporate regulatory conditions and gas trade management processes
• formal-legal and the public law duties connected with the gas trade
• regulatory conditions of IT systems specially joint requirements and modifications

• contracts advisory at the stage of the LNG transportation and transit and the gas transmission and distribution
• contracts of the gas logistics duties required: from the gas network connection contracts – including the conditions of future TPA market participation, contracts providing transportation (transit, transmission or distribution) and contracts of the gas storage services or regasification/ liquefaction
• advisory area dedicated for the Operators

• regulatory advisory (in accordance with the abovementioned description) in the hydrocarbons exploration, recognition and extraction area (including natural gas)
• investment and environmental advisory area in the range of Upstream investments expenditure at various stages of licensing and investment process

• current issues of the labour lawtax and corporate advisory related to the operating activity and trade in terms of requirements and duties due to the energy regulations area (national and EU)
• energy asset managementantitrust and transaction advisory, particularly due to the restructuring and insolvency processes and capital changes related to the gas market liberalisation or integration

• regulatory advisory:
• participation in the parliamentary commissions, sub-commissions and task forces in the area of ​​energy regulations Amendments, Including regulators support in terms of changes in Regulation 715/2009, REMIT, Regulation 944/2014, guidelines for white and green papers, national energy law regulations, so called small and big ‘energy tri-pack’, gas law Act, stocks of law Delegated Act and related regulations and other changes in regulations Including analyzing and remarks for the new regulations relevant to the specified industry sectors
• work on guidelines projects with the draft amendments of the oil law act and geological and mining law act, another analysis regulations countries (USA, Canada, UK, Norway, Netherlands, Denmark, Russian, Germany, France, Algeria, Pakistan, Iraq, Morocco, Mauritania, Mozambique) in the area of ​​hydrocarbons exploration, recognition and extraction (Upstream) with the public and private law systems conditions of Upstream activity pursuit comparison, Including concessions and contractual accounting rules of the state (taxes or public / private law charges)
• legal analysis connected with the operator’s duties on the background of national and EU regulations, taking part in the national and EU regulations Consultations
• evaluation of the European Parliament and Council Regulation project on the wholesale energy market integrity and transparency (REMIT)
•  legal support in the area of ​​EU regulations on the gas sector (Directive 2009/73, Regulation 715/2009, REMIT, Regulation 994/2010, etc.), dozens of analysis on the EU Requirements of various legal issues
•  indication of the legal barriers that implementation directory of planned release of the natural gas market (‘gas release project’)
• current legal advisory in the area of ​​energy law with the legal representation in proceedings and conducted on behalf of the energy company (several hundred civil and administrative proceedings throughout the whole country, information and legal analysis in accordance with the client’s order)
• participation in the antirust proceedings (OCCP) and approval of the tariffs proceedings (ERO)
• guidelines for the establishment of a financial mechanism associated with financial collateral engaging in the underground storage of carbon dioxide (CCS) with commentary on the regulation about carbon dioxide transport system operator,
•  numerous trainings in the area of ​​natural gas: balancing, instructions, responsibilities network operators, the natural gas market model, the Third Energy Package, Energy Law, contracts in the field of natural gas, EFET agreement, stock exchange, tariffs and connection procedures, etc.

• Downstream
• comprehensive legal analysis of the conditions and legal risks in the possibility of gas purchase Including several variants of diversification purchase portfolio (import, state, stock, OTC, comprehensive contracts, split contracts, etc.), Request for Information (RFI) and Request for Offer (RFO) support area
•  legal analysis of the natural gas purchase contracts (comprehensive contracts, national and abroad purchase contracts) and negotiations support including the conclusion of the required national gas transmission network and the transit gas pipeline system of contracts
•  diversification of gas purchase process and preparations negotiations process support, including the Request for Information (RFI) and the Request for Offer (RFO) preparation area
• analysis of the possibilities of LNG purchases including the analysis of the requirements in several variants of purchase, transportation, regasification and transmission to Poland
• formal-legal analysis of the LNG regasification stations mobile usage
• EFET contract translation in terms of the wholesale natural gas purchase and the GasPool annex, EFET’s key elements comparison for the energy and gas, EFET’s key elements related with the gas purchase specificity, as well as offer training in this matter
•  legal advisory due to the negotiations and conclusion of EFET contracts for natural gas as well as contracts for the retail market (comprehensive contracts, split contracts of sale, transmission, balancing, distribution, etc.)
• legal advisory on drawing up the executive contracts in terms of gas purchase fuel and commercial and technical services,
•  legal analysis on the contracts in the area of ​​gas trading (EFET contracts, sale and import of gas contracts, comprehensive contracts) and negotiation process support
•  including comprehensive legal advisory services in terms of legal requirements and risks during the negotiation process and conclusion of the gas purchase contracts including several variants of diversification purchase portfolio:
• purchases of imported gas (intra-community acquisition of goods) with the delivery point on the border or abroad the state
• gas purchases at the state in terms of the comprehensive or split contracts in several variants of supply, including the conclusion and service contracts of the transmission of gas via transit pipelines system and national gas transmission system
• providing the support in the dialogue with operators and gas suppliers (and LNG) in the state as well as abroad
•  support in drawing up the natural gas purchase contracts and the model of comprehensive contracts Including the preparation of tariff application, an application for concession, exemption from regulators certain obligations and preparation of relevant documents related to the development of natural gas sales activities
• drawing up a contract on the balancing group participation
• comprehensive legal advisory on the terms and conditions of the wholesale / retail gas market in Poland functioning regulators, business model development and the gas trade organization, conditions of cooperation with the transmission / distribution system operators on the gas market, standards related with the gas sales (model contracts and offers), products, concessioning process, fuel gas trade tariffs, corporate internal conditions and the processes in the gas trade management, formal-legal and public law duties related with the gas trade, joint controllers conditions on the requirements and modification of IT systems
• legal analysis on the short-term contracts, fixed-term contracts and related legal risks
• drafting and negotiation of gas network connection agreements, meeting contracts, purchase and gas import contracts, agreements / collaterals related with receivables vindication
• analysis and legal opinions on the natural gas purchase, drafting and negotiating gas trade and transmission contracts, free market gas purchase contracts
• an analysis of the legal and fiscal surroundings related with the compressed natural gas (CNG) and the legal advisoryfor the studies on the act implementing Directive 2009/33/EC

• midstream
• analysis and comments to the projects of the TNC (Transmission Network Code) and DNC (Distribution Network Code), as well as support in the advisory process
• legal analysis in terms of the DSOS legal separation DNC analysis and project preparation
• analysis on conditions of conducting activities specified gas industry as well as subjective and objective criteria of independent functioning, including requirements unbundling, TPA, information clarity, transparency and integrity of the markets as well as other, resulting from the national and EU regulations
• legal analysis in terms of switching and the rules for the third party access (TPA) in the area of ​​vertically integrated companies operations, which lack the duty of DNOs separation,
• legal analysis in terms of DSO Including the legal separation risk analysis of each concept

• Upstream
•  assumptions for the oil law act project as well as the project preparations and amendments to the geological and mining law act (USA, Canada, UK, Norway, Netherlands, Denmark, Russia, Germany, France, Algeria, Pakistan, Iraq, Morocco, Mauritania, Mozambique) in the exploration, recognition and extraction hydrocarbons area, including the public and private law systems conditions of Upstream activity pursuit comparison as well as licensing and contractual accounting rules of the state (taxes or public / private law charges)
• participation in the project of purchase of the shares of mining company from Ukraine, Romania, Denmark on the Baltic Sea (due diligence process and the introduction support)

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