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Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (Text with EEA relevance)
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Transmission system operators shall consult network users regarding procedures prior to their implementation and agree them with the regulatory authority.
Textual Amendments
for at least three firm capacity products with a duration of one month or
for at least two firm capacity products with a duration of one quarter or
for at least one firm capacity product with a duration of one year or more or
where no firm capacity product with a duration of one month or more has been offered.
Transmission system operators shall accept any surrender of firm capacity which is contracted by the network user at an interconnection point, with the exception of capacity products with a duration of a day and shorter. The network user shall retain its rights and obligations under the capacity contract until the capacity is reallocated by the transmission system operator and to the extent the capacity is not reallocated by the transmission system operator. Surrendered capacity shall be considered to be reallocated only after all the available capacity has been allocated. The transmission system operator shall notify the network user without delay of any reallocation of its surrendered capacity. Specific terms and conditions for surrendering capacity, in particular for cases where several network users surrender their capacity, shall be approved by the national regulatory authority.
the network user uses less than on average 80 % of its contracted capacity both from 1 April until 30 September and from 1 October until 31 March with an effective contract duration of more than one year for which no proper justification could be provided; or
the network user systematically nominates close to 100 % of its contracted capacity and renominates downwards with a view to circumventing the rules laid down in point 2.2.3(3).
Textual Amendments
on a website accessible to the public, free of charge and without any need to register or otherwise sign on with the transmission system operator;
on a regular/rolling basis; the frequency shall be according to the changes that take place and the duration of the service;
in a user-friendly manner;
in a clear, quantifiable, easily accessible way and on a non-discriminatory basis;
[F1in a downloadable format that has been agreed between transmission system operators and the national regulatory authorities — on the basis of an opinion on a harmonised format that shall be provided by the Agency — and that allows for quantitative analyses;]
in consistent units, in particular kWh (with a combustion reference temperature of 298,15 K) shall be the unit for energy content and m 3 (at 273,15 K and 1,01325 bar) shall be the unit for volume. The constant conversion factor to energy content shall be provided. In addition to the format above, publication in other units is also possible;
in the official language(s) of the Member State and in English [F1;]
[F4all data shall be made available as of 1 October 2013 on one Union-wide central platform, established by ENTSOG on a cost-efficient basis.]
Textual Amendments
Transmission system operators shall publish at least the following information about their systems and services:
a detailed and comprehensive description of the different services offered and their charges;
the different types of transportation contracts available for these services;
the network code and/or the standard conditions outlining the rights and responsibilities of all network users including:
harmonised transportation contracts and other relevant documents;
if relevant for access to the system, for all relevant points as defined in paragraph 3.2 of this Annex, a specification of relevant gas quality parameters, including at least the gross calorific value and the Wobbe index, and the liability or costs of conversion for network users in case gas is outside these specifications;
if relevant for access to the system, for all relevant points information on pressure requirements;
the procedure in the event of an interruption of interruptible capacity, including, where applicable, the timing, extent, and ranking of individual interruptions (for example pro-rata or first-come-last-interrupted);
the harmonised procedures applied when using the transmission system, including the definition of key terms;
provisions on capacity allocation, congestion management and anti-hoarding and reutilisation procedures;
the rules applicable for capacity trade on the secondary market vis-à-vis the transmission system operator;
rules on balancing and methodology for the calculation of imbalance charges;
if applicable, the flexibility and tolerance levels included in transportation and other services without separate charge, as well as any flexibility offered in addition to this and the corresponding charges;
a detailed description of the gas system of the transmission system operator and its relevant points of interconnection as defined in paragraph 3.2 of this Annex as well as the names of the operators of the interconnected systems or facilities;
the rules applicable for connection to the system operated by the transmission system operator;
information on emergency mechanisms, as far as it is the responsibility of the transmission system operator, such as measures that can lead to the disconnection of customers groups and other general liability rules that apply to the transmission system operator;
procedures agreed upon by transmission system operators at interconnection points, of relevance for access of network users to the transmission systems concerned, relating to interoperability of the network, agreed procedures on nomination and matching procedures and other agreed procedures that set out provisions in relation to gas flow allocations and balancing, including the methods used;
transmission system operators shall publish a detailed and comprehensive description of the methodology and process, including information on the parameters employed and the key assumptions, used to calculate the technical capacity.
all entry and exit points to and from a transmission network operated by a transmission system operator, with the exception of exit points connected to a single final customer, and with the exception of entry points linked directly to a production facility of a single producer that is located within the EU;
all entry and exit points connecting balancing zones of transmission system operators;
all points connecting the network of a transmission system operator with an LNG terminal, physical gas hubs, storage and production facilities, unless these production facilities are exempted under (a);
all points connecting the network of a given transmission system operator to infrastructure necessary for providing ancillary services as defined by Article 2(14) of Directive 2009/73/EC.
the technical capacity for flows in both directions;
the total contracted firm and interruptible capacity in both directions;
the nominations and re-nominations in both directions;
the available firm and interruptible capacity in both directions;
actual physical flows;
planned and actual interruption of interruptible capacity;
planned and unplanned interruptions to firm services as well as the information on restoration of the firm services (in particular, maintenance of the system and the likely duration of any interruption due to maintenance). Planned interruptions shall be published at least 42 days in advance [F1;]
[F4occurrence of unsuccessful, legally valid requests for firm capacity products with a duration of one month or longer including the number and volume of the unsuccessful requests; and
in the case of auctions, where and when firm capacity products with a duration of one month or longer have cleared at prices higher than the reserve price;
where and when no firm capacity product with a duration of one month or longer has been offered in the regular allocation process;
total capacity made available through the application of the congestion-management procedures laid down in points 2.2.2, 2.2.3, 2.2.4 and 2.2.5 per applied congestion-management procedure;
points (h) to (k) shall apply from 1 October 2013 .]
interconnection point where the capacity is sold;
type of capacity, i.e. entry, exit, firm, interruptible;
quantity and duration of the capacity usage rights;
type of sale, e.g. transfer or assignment;
the total number of trades/transfers;
any other conditions known to the transmission system operator as mentioned in 3.3.
In so far such information is provided by a third party, transmission system operators shall be exempted from this provision.
a description of standardised products which can be sold on the secondary market;
lead time for the implementation/acceptation/registration of secondary trades. In case of delays the reasons have to be published;
the notification to the transmission system operator by the seller or the third party as referred to under 3.4(1) about name of seller and buyer and capacity specifications as outlined in 3.4(1).
In so far such information is provided by a third party, transmission system operators shall be exempted from this provision.
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