What changed, Regulation (EC) No 715/2009

+ ### Article 1 — Subject matter and scope
− ### art_1
− 
− Article 1
+ (a) setting non-discriminatory rules for access conditions to natural gas transmission systems taking into account the special characteristics of national and regional markets with a view to ensuring the proper functioning of the internal market in gas;
− | (a) | setting non-discriminatory rules for access conditions to natural gas transmission systems taking into account the special characteristics of national and regional markets with a view to ensuring the proper functioning of the internal market in gas; |
− | --- | --- |
+ (b) setting non-discriminatory rules for access conditions to LNG facilities and storage facilities taking into account the special characteristics of national and regional markets; and
− | (b) | setting non-discriminatory rules for access conditions to LNG facilities and storage facilities taking into account the special characteristics of national and regional markets; and |
− | --- | --- |
+ (c) facilitating the emergence of a well-functioning and transparent wholesale market with a high level of security of supply in gas and providing mechanisms to harmonise the network access rules for cross-border exchanges in gas.
− | (c) | facilitating the emergence of a well-functioning and transparent wholesale market with a high level of security of supply in gas and providing mechanisms to harmonise the network access rules for cross-border exchanges in gas. |
− | --- | --- |
+ ### Article 2 — Definitions
− ### art_2
− Article 2
− 
+ 1) ‘transmission’ means the transport of natural gas through a network, which mainly contains high-pressure pipelines, other than an upstream pipeline network and other than the part of high-pressure pipelines primarily used in the context of local distribution of natural gas, with a view to its del…
− | 1) | ‘transmission’ means the transport of natural gas through a network, which mainly contains high-pressure pipelines, other than an upstream pipeline network and other than the part of high-pressure pipelines primarily used in the context of local distribution of natural gas, with a view to its…
− | --- | --- |
+ 2) ‘transport contract’ means a contract which the transmission system operator has concluded with a network user with a view to carrying out transmission;
− | 2) | ‘transport contract’ means a contract which the transmission system operator has concluded with a network user with a view to carrying out transmission; |
− | --- | --- |
+ 3) ‘capacity’ means the maximum flow, expressed in normal cubic meters per time unit or in energy unit per time unit, to which the network user is entitled in accordance with the provisions of the transport contract;
− | 3) | ‘capacity’ means the maximum flow, expressed in normal cubic meters per time unit or in energy unit per time unit, to which the network user is entitled in accordance with the provisions of the transport contract; |
− | --- | --- |
+ 4) ‘unused capacity’ means firm capacity which a network user has acquired under a transport contract but which that user has not nominated by the deadline specified in the contract;
− | 4) | ‘unused capacity’ means firm capacity which a network user has acquired under a transport contract but which that user has not nominated by the deadline specified in the contract; |
− | --- | --- |
+ 5) ‘congestion management’ means management of the capacity portfolio of the transmission system operator with a view to optimal and maximum use of the technical capacity and the timely detection of future congestion and saturation points;
− | 5) | ‘congestion management’ means management of the capacity portfolio of the transmission system operator with a view to optimal and maximum use of the technical capacity and the timely detection of future congestion and saturation points; |
− | --- | --- |
+ 6) ‘secondary market’ means the market of the capacity traded otherwise than on the primary market;
− | 6) | ‘secondary market’ means the market of the capacity traded otherwise than on the primary market; |
− | --- | --- |
+ 7) ‘nomination’ means the prior reporting by the network user to the transmission system operator of the actual flow that the network user wishes to inject into or withdraw from the system;
− | 7) | ‘nomination’ means the prior reporting by the network user to the transmission system operator of the actual flow that the network user wishes to inject into or withdraw from the system; |
− | --- | --- |
+ 8) ‘re-nomination’ means the subsequent reporting of a corrected nomination;
− | 8) | ‘re-nomination’ means the subsequent reporting of a corrected nomination; |
− | --- | --- |
+ 9) ‘system integrity’ means any situation in respect of a transmission network including necessary transmission facilities in which the pressure and the quality of the natural gas remain within the minimum and maximum limits laid down by the transmission system operator, so that the transmission of …
− | 9) | ‘system integrity’ means any situation in respect of a transmission network including necessary transmission facilities in which the pressure and the quality of the natural gas remain within the minimum and maximum limits laid down by the transmission system operator, so that the transmission…
− | --- | --- |
+ 10) ‘balancing period’ means the period within which the off-take of an amount of natural gas, expressed in units of energy, must be offset by every network user by means of the injection of the same amount of natural gas into the transmission network in accordance with the transport contract or the…
− | 10) | ‘balancing period’ means the period within which the off-take of an amount of natural gas, expressed in units of energy, must be offset by every network user by means of the injection of the same amount of natural gas into the transmission network in accordance with the transport contract or…
− | --- | --- |
+ 11) ‘network user’ means a customer or a potential customer of a transmission system operator, and transmission system operators themselves in so far as it is necessary for them to carry out their functions in relation to transmission;
− | 11) | ‘network user’ means a customer or a potential customer of a transmission system operator, and transmission system operators themselves in so far as it is necessary for them to carry out their functions in relation to transmission; |
− | --- | --- |
+ 12) ‘interruptible services’ means services offered by the transmission system operator in relation to interruptible capacity;
− | 12) | ‘interruptible services’ means services offered by the transmission system operator in relation to interruptible capacity; |
− | --- | --- |
+ 13) ‘interruptible capacity’ means gas transmission capacity that may be interrupted by the transmission system operator in accordance with the conditions stipulated in the transport contract;
− | 13) | ‘interruptible capacity’ means gas transmission capacity that may be interrupted by the transmission system operator in accordance with the conditions stipulated in the transport contract; |
− | --- | --- |
+ 14) ‘long-term services’ means services offered by the transmission system operator with a duration of one year or more;
− | 14) | ‘long-term services’ means services offered by the transmission system operator with a duration of one year or more; |
− | --- | --- |
+ 15) ‘short-term services’ means services offered by the transmission system operator with a duration of less than one year;
− | 15) | ‘short-term services’ means services offered by the transmission system operator with a duration of less than one year; |
− | --- | --- |
+ 16) ‘firm capacity’ means gas transmission capacity contractually guaranteed as uninterruptible by the transmission system operator;
− | 16) | ‘firm capacity’ means gas transmission capacity contractually guaranteed as uninterruptible by the transmission system operator; |
− | --- | --- |
+ 17) ‘firm services’ mean services offered by the transmission system operator in relation to firm capacity;
− | 17) | ‘firm services’ mean services offered by the transmission system operator in relation to firm capacity; |
− | --- | --- |
+ 18) ‘technical capacity’ means the maximum firm capacity that the transmission system operator can offer to the network users, taking account of system integrity and the operational requirements of the transmission network;
− | 18) | ‘technical capacity’ means the maximum firm capacity that the transmission system operator can offer to the network users, taking account of system integrity and the operational requirements of the transmission network; |
− | --- | --- |
+ 19) ‘contracted capacity’ means capacity that the transmission system operator has allocated to a network user by means of a transport contract;
− | 19) | ‘contracted capacity’ means capacity that the transmission system operator has allocated to a network user by means of a transport contract; |
− | --- | --- |
+ 20) ‘available capacity’ means the part of the technical capacity that is not allocated and is still available to the system at that moment;
− | 20) | ‘available capacity’ means the part of the technical capacity that is not allocated and is still available to the system at that moment; |
− | --- | --- |
+ 21) ‘contractual congestion’ means a situation where the level of firm capacity demand exceeds the technical capacity;
− | 21) | ‘contractual congestion’ means a situation where the level of firm capacity demand exceeds the technical capacity; |
− | --- | --- |
+ 22) ‘primary market’ means the market of the capacity traded directly by the transmission system operator;
− | 22) | ‘primary market’ means the market of the capacity traded directly by the transmission system operator; |
− | --- | --- |
+ 23) ‘physical congestion’ means a situation where the level of demand for actual deliveries exceeds the technical capacity at some point in time;
− | 23) | ‘physical congestion’ means a situation where the level of demand for actual deliveries exceeds the technical capacity at some point in time; |
− | --- | --- |
+ 24) ‘LNG facility capacity’ means capacity at an LNG terminal for the liquefaction of natural gas or the importation, offloading, ancillary services, temporary storage and re-gasification of LNG;
− | 24) | ‘LNG facility capacity’ means capacity at an LNG terminal for the liquefaction of natural gas or the importation, offloading, ancillary services, temporary storage and re-gasification of LNG; |
− | --- | --- |
+ 25) ‘space’ means the volume of gas which a user of a storage facility is entitled to use for the storage of gas;
− | 25) | ‘space’ means the volume of gas which a user of a storage facility is entitled to use for the storage of gas; |
− | --- | --- |
+ 26) ‘deliverability’ means the rate at which the storage facility user is entitled to withdraw gas from the storage facility;
− | 26) | ‘deliverability’ means the rate at which the storage facility user is entitled to withdraw gas from the storage facility; |
− | --- | --- |
+ 27) ‘injectability’ means the rate at which the storage facility user is entitled to inject gas into the storage facility;
− | 27) | ‘injectability’ means the rate at which the storage facility user is entitled to inject gas into the storage facility; |
− | --- | --- |
+ 28) ‘storage capacity’ means any combination of space, injectability and deliverability.
− | 28) | ‘storage capacity’ means any combination of space, injectability and deliverability. |
− | --- | --- |
+ ### Article 3 — Certification of transmission system operators
− ### art_3
− 
− Article 3
+ ### Article 4 — European network of transmission system operators for gas
− ### art_4
− Article 4
− 
+ ### Article 5 — Establishment of the ENTSO for Gas
− ### art_5
− 
− Article 5
− 
− ### art_6
+ ### Article 6 — Establishment of network codes
− Article 6
+ ### Article 7 — Amendments of network codes
− ### art_7
− 
− Article 7
+ ### Article 8 — Tasks of the ENTSO for Gas
− ### art_8
− Article 8
− 
+ (a) common network operation tools to ensure coordination of network operation in normal and emergency conditions, including a common incidents classification scale, and research plans;
− | (a) | common network operation tools to ensure coordination of network operation in normal and emergency conditions, including a common incidents classification scale, and research plans; |
− | --- | --- |
+ (b) a non-binding Community-wide ten-year network development plan (Community-wide network development plan), including a European supply adequacy outlook, every two years;
− | (b) | a non-binding Community-wide ten-year network development plan (Community-wide network development plan), including a European supply adequacy outlook, every two years; |
− | --- | --- |
+ (c) recommendations relating to the coordination of technical cooperation between Community and third-country transmission system operators;
− | (c) | recommendations relating to the coordination of technical cooperation between Community and third-country transmission system operators; |
− | --- | --- |
+ (d) an annual work programme;
− | (d) | an annual work programme; |
− | --- | --- |
+ (e) an annual report;
− | (e) | an annual report; |
− | --- | --- |
+ (f) annual summer and winter supply outlooks.
− | (f) | annual summer and winter supply outlooks. |
− | --- | --- |
+ (a) network security and reliability rules;
− | (a) | network security and reliability rules; |
− | --- | --- |
+ (b) network connection rules;
− | (b) | network connection rules; |
− | --- | --- |
+ (c) third-party access rules;
− | (c) | third-party access rules; |
− | --- | --- |
+ (d) data exchange and settlement rules;
− | (d) | data exchange and settlement rules; |
− | --- | --- |
+ (e) interoperability rules;
− | (e) | interoperability rules; |
− | --- | --- |
+ (f) operational procedures in an emergency;
− | (f) | operational procedures in an emergency; |
− | --- | --- |
+ (g) capacity-allocation and congestion-management rules;
− | (g) | capacity-allocation and congestion-management rules; |
− | --- | --- |
+ (h) rules for trading related to technical and operational provision of network access services and system balancing;
− | (h) | rules for trading related to technical and operational provision of network access services and system balancing; |
− | --- | --- |
+ (i) transparency rules;
− | (i) | transparency rules; |
− | --- | --- |
+ (j) balancing rules including network-related rules on nominations procedure, rules for imbalance charges and rules for operational balancing between transmission system operators' systems;
− | (j) | balancing rules including network-related rules on nominations procedure, rules for imbalance charges and rules for operational balancing between transmission system operators' systems; |
− | --- | --- |
+ (k) rules regarding harmonised transmission tariff structures; and
− | (k) | rules regarding harmonised transmission tariff structures; and |
− | --- | --- |
+ (l) energy efficiency regarding gas networks.
− | (l) | energy efficiency regarding gas networks. |
− | --- | --- |
+ (a) build on national investment plans, taking into account regional investment plans as referred to in Article 12(1), and, if appropriate, Community aspects of network planning, including the guidelines for trans-European energy networks in accordance with Decision No 1364/2006/EC of the European P…
− | (a) | build on national investment plans, taking into account regional investment plans as referred to in Article 12(1), and, if appropriate, Community aspects of network planning, including the guidelines for trans-European energy networks in accordance with Decision No 1364/2006/EC of the Europe…
− | --- | --- |
+ (b) regarding cross-border interconnections, also build on the reasonable needs of different network users and integrate long-term commitments from investors referred to in Articles 14 and 22 of Directive 2009/73/EC; and
− | (b) | regarding cross-border interconnections, also build on the reasonable needs of different network users and integrate long-term commitments from investors referred to in Articles 14 and 22 of Directive 2009/73/EC; and |
− | --- | --- |
+ (c) identify investment gaps, notably with respect to cross-border capacities.
− | (c) | identify investment gaps, notably with respect to cross-border capacities. |
− | --- | --- |
+ ### Article 9 — Monitoring by the Agency
− ### art_9
− Article 9
− 
+ ### Article 10 — Consultations
− ### art_10
− 
− Article 10
+ ### Article 11 — Costs
− ### art_11
− Article 11
− 
+ ### Article 12 — Regional cooperation of transmission system operators
− ### art_12
− 
− Article 12
+ ### Article 13 — Tariffs for access to networks
− ### art_13
− Article 13
− 
+ ### Article 14 — Third-party access services concerning transmission system operators
− ### art_14
− 
− Article 14
+ (a) ensure that they offer services on a non-discriminatory basis to all network users;
− | (a) | ensure that they offer services on a non-discriminatory basis to all network users; |
− | --- | --- |
+ (b) provide both firm and interruptible third-party access services. The price of interruptible capacity shall reflect the probability of interruption;
− | (b) | provide both firm and interruptible third-party access services. The price of interruptible capacity shall reflect the probability of interruption; |
− | --- | --- |
+ (c) offer to network users both long and short-term services.
− | (c) | offer to network users both long and short-term services. |
− | --- | --- |
− 
− ### art_15
+ ### Article 15 — Third-party access services concerning storage and LNG facilities
− Article 15
+ (a) offer services on a non-discriminatory basis to all network users that accommodate market demand; in particular, where an LNG or storage system operator offers the same service to different customers, it shall do so under equivalent contractual terms and conditions;
− | (a) | offer services on a non-discriminatory basis to all network users that accommodate market demand; in particular, where an LNG or storage system operator offers the same service to different customers, it shall do so under equivalent contractual terms and conditions; |
− | --- | --- |
+ (b) offer services that are compatible with the use of the interconnected gas transport systems and facilitate access through cooperation with the transmission system operator; and
− | (b) | offer services that are compatible with the use of the interconnected gas transport systems and facilitate access through cooperation with the transmission system operator; and |
− | --- | --- |
+ (c) make relevant information public, in particular data on the use and availability of services, in a time-frame compatible with the LNG or storage facility users' reasonable commercial needs, subject to the monitoring of such publication by the national regulatory authority.
− | (c) | make relevant information public, in particular data on the use and availability of services, in a time-frame compatible with the LNG or storage facility users' reasonable commercial needs, subject to the monitoring of such publication by the national regulatory authority. |
− | --- | --- |
+ (a) provide both firm and interruptible third-party access services; the price of interruptible capacity shall reflect the probability of interruption;
− | (a) | provide both firm and interruptible third-party access services; the price of interruptible capacity shall reflect the probability of interruption; |
− | --- | --- |
+ (b) offer to storage facility users both long and short-term services; and
− | (b) | offer to storage facility users both long and short-term services; and |
− | --- | --- |
+ (c) offer to storage facility users both bundled and unbundled services of storage space, injectability and deliverability.
− | (c) | offer to storage facility users both bundled and unbundled services of storage space, injectability and deliverability. |
− | --- | --- |
+ (a) outside a natural gas year with non-standard start dates; or
− | (a) | outside a natural gas year with non-standard start dates; or |
− | --- | --- |
+ (b) with a shorter duration than a standard LNG and storage facility contract on an annual basis.
− | (b) | with a shorter duration than a standard LNG and storage facility contract on an annual basis. |
− | --- | --- |
+ ### Article 16 — Principles of capacity-allocation mechanisms and congestion-management procedures concerning transmission system operators
− ### art_16
− Article 16
− 
+ (a) provide appropriate economic signals for the efficient and maximum use of technical capacity, facilitate investment in new infrastructure and facilitate cross-border exchanges in natural gas;
− | (a) | provide appropriate economic signals for the efficient and maximum use of technical capacity, facilitate investment in new infrastructure and facilitate cross-border exchanges in natural gas; |
− | --- | --- |
+ (b) be compatible with the market mechanisms including spot markets and trading hubs, while being flexible and capable of adapting to evolving market circumstances; and
− | (b) | be compatible with the market mechanisms including spot markets and trading hubs, while being flexible and capable of adapting to evolving market circumstances; and |
− | --- | --- |
+ (c) be compatible with the network access systems of the Member States.
− | (c) | be compatible with the network access systems of the Member States. |
− | --- | --- |
+ (a) in the event of contractual congestion, the transmission system operator shall offer unused capacity on the primary market at least on a day-ahead and interruptible basis; and
− | (a) | in the event of contractual congestion, the transmission system operator shall offer unused capacity on the primary market at least on a day-ahead and interruptible basis; and |
− | --- | --- |
+ (b) network users who wish to re-sell or sublet their unused contracted capacity on the secondary market shall be entitled to do so.
− | (b) | network users who wish to re-sell or sublet their unused contracted capacity on the secondary market shall be entitled to do so. |
− | --- | --- |
+ ### Article 17 — Principles of capacity-allocation mechanisms and congestion-management procedures concerning storage and LNG facilities
− ### art_17
− Article 17
− 
+ (a) provide appropriate economic signals for the efficient and maximum use of capacity and facilitate investment in new infrastructure;
− | (a) | provide appropriate economic signals for the efficient and maximum use of capacity and facilitate investment in new infrastructure; |
− | --- | --- |
+ (b) be compatible with the market mechanism including spot markets and trading hubs, while being flexible and capable of adapting to evolving market circumstances; and
− | (b) | be compatible with the market mechanism including spot markets and trading hubs, while being flexible and capable of adapting to evolving market circumstances; and |
− | --- | --- |
+ (c) be compatible with the connected network access systems.
− | (c) | be compatible with the connected network access systems. |
− | --- | --- |
+ (a) the system operator must offer unused LNG facility and storage capacity on the primary market without delay; for storage facilities this must be at least on a day-ahead and interruptible basis;
− | (a) | the system operator must offer unused LNG facility and storage capacity on the primary market without delay; for storage facilities this must be at least on a day-ahead and interruptible basis; |
− | --- | --- |
+ (b) LNG and storage facility users who wish to re-sell their contracted capacity on the secondary market must be entitled to do so.
− | (b) | LNG and storage facility users who wish to re-sell their contracted capacity on the secondary market must be entitled to do so. |
− | --- | --- |
+ ### Article 18 — Transparency requirements concerning transmission system operators
− ### art_18
− Article 18
− 
+ 6. The transmission system operator shall make public ex-ante and *ex-post* supply and demand information, based on nominations, forecasts and realised flows in and out of the system. The national regulatory authority shall ensure that all such information is made public. The level of detail of the …
− 6. The transmission system operator shall make public ex-ante and ex-post supply and demand information, based on nominations, forecasts and realised flows in and out of the system. The national regulatory authority shall ensure that all such information is made public. The level of detail of the in…
+ ### Article 19 — Transparency requirements concerning storage facilities and LNG facilities
− ### art_19
− 
− Article 19
+ ### Article 20 — Record keeping by system operators
− ### art_20
− Article 20
− 
+ ### Article 21 — Balancing rules and imbalance charges
− ### art_21
− 
− Article 21
+ ### Article 22 — Trading of capacity rights
− ### art_22
− 
− Article 22
+ ### Article 23 — Guidelines
− ### art_23
− 
− Article 23
+ (a) details of third-party access services, including the character, duration and other requirements of those services, in accordance with Articles 14 and 15;
− | (a) | details of third-party access services, including the character, duration and other requirements of those services, in accordance with Articles 14 and 15; |
− | --- | --- |
+ (b) details of the principles underlying capacity-allocation mechanisms and on the application of congestion-management procedures in the event of contractual congestion, in accordance with Articles 16 and 17;
− | (b) | details of the principles underlying capacity-allocation mechanisms and on the application of congestion-management procedures in the event of contractual congestion, in accordance with Articles 16 and 17; |
− | --- | --- |
+ (c) details of the provision of information, definition of the technical information necessary for network users to gain effective access to the system and the definition of all relevant points for transparency requirements, including the information to be published at all relevant points and the ti…
− | (c) | details of the provision of information, definition of the technical information necessary for network users to gain effective access to the system and the definition of all relevant points for transparency requirements, including the information to be published at all relevant points and th…
− | --- | --- |
+ (d) details of tariff methodology related to cross-border trade of natural gas, in accordance with Article 13;
− | (d) | details of tariff methodology related to cross-border trade of natural gas, in accordance with Article 13; |
− | --- | --- |
+ (e) details relating to the areas listed in Article 8(6).
− | (e) | details relating to the areas listed in Article 8(6). |
− | --- | --- |
+ ### Article 24 — Regulatory authorities
− ### art_24
− 
− Article 24
+ ### Article 25 — Provision of information
− ### art_25
− Article 25
− 
+ ### Article 26 — Right of Member States to provide for more detailed measures
− ### art_26
− 
− Article 26
+ ### Article 27 — Penalties
− ### art_27
+ 1. The Member States shall lay down rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that those provisions are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States…
− Article 27
− 1. The Member States shall lay down rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that those provisions are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States…
− 
+ ### Article 28 — Committee procedure
− ### art_28
− 
− Article 28
+ 
+ ### Article 29 — Commission report
+ 
+ The Commission shall monitor the implementation of this Regulation. In its report under Article 52(6) of Directive 2009/73/EC, the Commission shall also report on the experience gained in the application of this Regulation. In particular, the report shall examine to what extent this Regulation has b…
+ 
+ ### Article 30 — Derogations and exemptions
+ 
+ This Regulation shall not apply to:
+ 
+ (a) natural gas transmission systems situated in Member States for the duration of derogations granted under Article 49 of Directive 2009/73/EC;
+ 
+ (b) major new infrastructure, i.e. interconnectors, LNG and storage facilities, and significant increases of capacity in existing infrastructure and modifications of such infrastructure which enable the development of new sources of gas supply referred to in Article 36(1) and (2) of Directive 2009/7…
+ 
+ (c) natural gas transmission systems which have been granted derogations under Article 48 of Directive 2009/73/EC.
+ 
+ As regards point (a) of the first subparagraph, Member States that have been granted derogations under Article 49 of Directive 2009/73/EC may apply to the Commission for a temporary derogation from the application of this Regulation, for a period of up to two years from the date on which the derogat…
+ 
+ ### Article 31 — Repeal
+ 
+ Regulation (EC) No 1775/2005 shall be repealed from 3 March 2011. References made to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.
+ 
+ ### Article 32 — Entry into force
+ 
+ This Regulation shall enter into force on the 20th day following its publication in the *Official Journal of the European Union*.
+ 
+ It shall apply from 3 March 2011.
+ 
+ This Regulation shall be binding in its entirety and directly applicable in all Member States.
+ 
+ ### ANNEX I
+ 
+ 
+ 
+ ### GUIDELINES ON
+ 
+ 1. **Third-party access services concerning transmission system operators**
+ 
+ | 1. | Transmission system operators shall offer firm and interruptible services down to a minimum period of one day. |
+ | --- | --- |
+ 
+ | 2. | Harmonised transport contracts and common network codes shall be designed in a manner that facilitates trading and re-utilisation of capacity contracted by network users without hampering capacity release. |
+ | --- | --- |
+ 
+ | 3. | Transmission system operators shall develop network codes and harmonised contracts following proper consultation with network users. |
+ | --- | --- |
+ 
+ | 4. | Transmission system operators shall implement standardised nomination and re-nomination procedures. They shall develop information systems and electronic communication means to provide adequate data to network users and to simplify transactions, such as nominations, capacity contracting and t…
+ | --- | --- |
+ 
+ | 5. | Transmission system operators shall harmonise formalised request procedures and response times according to best industry practice with the aim of minimising response times. They shall provide for online screen-based capacity booking and confirmation systems and nomination and re-nomination p…
+ | --- | --- |
+ 
+ | 6. | Transmission system operators shall not separately charge network users for information requests and transactions associated with their transport contracts and which are carried out according to standard rules and procedures. |
+ | --- | --- |
+ 
+ | 7. | Information requests that require extraordinary or excessive expenses such as feasibility studies may be charged separately, provided the charges can be duly substantiated. |
+ | --- | --- |
+ 
+ | 8. | Transmission system operators shall cooperate with other transmission system operators in coordinating the maintenance of their respective networks in order to minimise any disruption of transmission services to network users and transmission system operators in other areas and in order to en…
+ | --- | --- |
+ 
+ | 9. | Transmission system operators shall publish at least annually, by a predetermined deadline, all planned maintenance periods that might affect network users' rights from transport contracts and corresponding operational information with adequate advance notice. This shall include publishing on…
+ | --- | --- |
+ 
+ | 10. | Transmission system operators shall maintain and make available to the competent authority upon request a daily log of the actual maintenance and flow disruptions that have occurred. Information shall also be made available on request to those affected by any disruption. |
+ | --- | --- |
+ 
+ 2. **Principles of capacity-allocation mechanisms and congestion-management procedures concerning transmission system operators and their application in the event of contractual congestion**
+ 
+ 2.1. **Principles of capacity-allocation mechanisms and congestion-management procedures concerning transmission system operators**
+ 
+ | 1. | Capacity-allocation mechanisms and congestion-management procedures shall facilitate the development of competition and liquid trading of capacity and shall be compatible with market mechanisms including spot markets and trading hubs. They shall be flexible and capable of adapting to evolving…
+ | --- | --- |
+ 
+ | 2. | Those mechanisms and procedures shall take into account the integrity of the system concerned as well as security of supply. |
+ | --- | --- |
+ 
+ | 3. | Those mechanisms and procedures shall neither hamper the entry of new market participants nor create undue barriers to market entry. They shall not prevent market participants, including new market entrants and companies with a small market share, from competing effectively. |
+ | --- | --- |
+ 
+ | 4. | Those mechanisms and procedures shall provide appropriate economic signals for efficient and maximum use of technical capacity and facilitate investment in new infrastructure. |
+ | --- | --- |
+ 
+ | 5. | Network users shall be advised about the type of circumstance that could affect the availability of contracted capacity. Information on interruption should reflect the level of information available to the transmission system operator. |
+ | --- | --- |
+ 
+ | 6. | Should difficulties in meeting contractual delivery obligations arise due to system integrity reasons, transmission system operators should notify network users and seek a non-discriminatory solution without delay.Transmission system operators shall consult network users regarding procedures …
+ | --- | --- |
+ 
+ 2.2. **Congestion-management procedures in the event of contractual congestion**
+ | 1. | In the event that contracted capacity goes unused, transmission system operators shall make that capacity available on the primary market on an interruptible basis via contracts of differing duration, as long as that capacity is not offered by the relevant network user on the secondary market…
+ | --- | --- |
+ 
+ | 2. | Revenues from released interruptible capacity shall be split according to rules laid down or approved by the relevant regulatory authority. Those rules shall be compatible with the requirement of an effective and efficient use of the system. |
+ | --- | --- |
+ 
+ | 3. | A reasonable price for released interruptible capacity may be determined by the relevant regulatory authorities taking into account the specific circumstances prevailing. |
+ | --- | --- |
+ 
+ | 4. | Where appropriate, transmission system operators shall make reasonable endeavours to offer at least parts of the unused capacity to the market as firm capacity. |
+ | --- | --- |
+ 
+ 3. **Definition of the technical information necessary for network users to gain effective access to the system, the definition of all relevant points for transparency requirements and the information to be published at all relevant points and the time schedule according to which that information sh…
+ 
+ 3.1. **Definition of the technical information necessary for network users to gain effective access to the system**
+ 
+ Transmission system operators shall publish at least the following information about their systems and services:
+ 
+ (a) a detailed and comprehensive description of the different services offered and their charges;
+ 
+ (b) the different types of transport contracts available for those services and, as applicable, the network code and/or the standard conditions outlining the rights and responsibilities of all network users including harmonised transport contracts and other relevant documents;
+ 
+ (c) the harmonised procedures applied when using the transmission system, including the definition of key terms;
+ 
+ (d) provisions on capacity allocation, congestion management, and anti-hoarding and re-utilisation procedures;
+ 
+ (e) the rules applicable to capacity trade on the secondary market as regards the transmission system operator;
+ 
+ (f) if applicable, the flexibility and tolerance levels included in transport and other services without separate charge, as well as any flexibility offered in addition thereto and the corresponding charges;
+ 
+ (g) a detailed description of the gas system of the transmission system operator indicating all relevant points interconnecting its system with that of other transmission system operators and/or gas infrastructure such as liquefied natural gas (LNG) and infrastructure necessary for providing ancilla…
+ 
+ (h) information on gas quality and pressure requirements;
+ 
+ (i) the rules applicable for connection to the system operated by the transmission system operator;
+ 
+ (j) any information, in a timely manner, as regards proposed and/or actual changes to the services or conditions, including the items listed in points (a) to (i).
+ 
+ 3.2. **Definition of all relevant points for transparency requirements**
+ 
+ Relevant points shall include at least:
+ 
+ (a) all entry points to a network operated by a transmission system operator;
+ 
+ (b) the most important exit points and exit zones covering at least 50 % of total exit capacity of the network of a given transmission system operator, including all exit points or exit zones covering more than 2 % of total exit capacity of the network;
+ 
+ (c) all points connecting different networks of transmission system operators;
+ 
+ (d) all points connecting the network of a transmission system operator with an LNG terminal;
+ 
+ (e) all essential points within the network of a given transmission system operator including points connecting to gas hubs. All points are considered essential which, based on experience, are likely to experience physical congestion;
+ 
+ (f) all points connecting the network of a given transmission system operator to infrastructure necessary for providing ancillary services as defined by Article 2, point 14 of Directive 2009/73/EC.
+ 
+ 3.3. **Information to be published at all relevant points and the time schedule according to which that information should be published**
+ 
+ | 1. | At all relevant points, transmission system operators shall publish the following information about the capacity situation down to daily periods on the Internet on a regular/rolling basis and in a user-friendly standardised manner:(a) the maximum technical capacity for flows in both direction…
+ | --- | --- |
− ### art_29
+ | 2. | For all relevant points, transmission system operators shall publish available capacities for a period of at least 18 months ahead and shall update that information at least every month or more frequently, if new information becomes available. |
… diff truncated at 500 changed lines …