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On 6 May 2025, the Council of Ministers in Poland submitted to the Polish Parliament a draft amendment to the Act on Stocks of Crude Oil, Petroleum Products, and Natural Gas (Sejm print no. 1239). The proposed legislation implements European Union law, particularly Regulation (EU) 2017/1938. The aim of the draft is to establish a new model for ensuring the security of gas supply in Poland, based on the central role of the Governmental Agency for Strategic Reserves (RARS).
Under the proposed changes, the Act stipulates that the Governmental Agency for Strategic Reserves in Poland will assume exclusive responsibility for creating and maintaining strategic natural gas reserves. Procurement of the resource shall be conducted via exchanges or tender procedures. The new provisions also allow for gas storage outside Polish territory – subject to the approval of the competent Minister for Energy and on the condition that effective transportation to the national system can be ensured in emergency situations.
The amended Act introduces a so-called gas levy – a new mechanism for financing strategic reserves in Poland. Monthly payments by gas companies to a newly established Fund for Intervention and Strategic Reserves of Natural Gas will fund RARS operations without involving the state budget. At the same time, importers will be exempt from the obligation to maintain their own reserves, simplifying the system and reducing their regulatory burden in the Polish market.
The amendment to the Reserves Act also includes changes to other key pieces of legislation in Poland, including the Energy Law, the Capacity Market Act, the Strategic Reserves Act, and the Commodity Exchanges Act. These updates align the legal framework with RARS’s new role – for example, by exempting the Agency from the requirement to obtain a gas trading license for statutory tasks, granting it priority in reserving storage capacity, and enabling the use of the Fuel Platform for fulfilling related obligations.
The amended Act is scheduled to enter into force on 1 October 2025. The preceding months will be allocated to technical and organizational preparations in Poland, including the first contributions to the Fund from gas levy payments. Existing mandatory reserves will be compulsorily acquired by RARS and converted into strategic reserves.
The proposed amendment to the Act on Stocks of Crude Oil, Petroleum Products and Natural Gas aims to increase the flexibility and resilience of the national gas system in Poland while simplifying regulatory obligations for market participants. Considering the ongoing legislative process, it is crucial to become familiar with the planned changes and prepare accordingly for the new regulatory model. The Accace Legal team is ready to assist with legal analysis and the implementation of necessary adjustments.
Source: www.sejm.gov.pl
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