Current Legal Situation of the OPAL Pipeline

The Polish Institute of International Affairs is an analytical institution established by an act of Parliament in 1996 to carry out research and provide expertise in international affairs. PISM disseminates information on contemporary international issues and maintains contacts with academic and political centres in Poland and abroad. The Institute runs courses for public servants, maintains a library (open to the public; 165,000 books and journals), organises conferences, and publishes books, periodicals and documents on Polish foreign policy and international matters.

The funding for PISM comes from the budget. The director is appointed by the prime minister for a term of five years, following consultation with the minister of foreign affairs. The minister supervises the Institute and appoints its advisory council, which includes a representative of the President of the Republic of Poland, academics and officials.In December 2016, companies of the PGNiG Group took successful legal action to suspend the implementation of a European Commission decision on the rules relating to the operation of the OPAL gas pipeline, changed by the German regulator for the benefit of Gazprom. Nevertheless, Gazprom has increased the use of the pipeline to full capacity. While its behaviour cannot be considered incompatible with EU and German law, the actions of German authorities violate the EU principle of sincere cooperation. Poland should urge the European Commission to ensure that, pending the delivery of the final judgment, the new rules on the operation of the OPAL gas pipeline are not applied.

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