Регламент N 312/2014 Комиссии Европейских сообществ «Учреждающий Сетевой Кодекс по балансировке газа в газотранспортных сетях» [рус., англ.] Часть 6

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Chapter V. DAILY IMBALANCE CHARGES

Article 19

General provisions

 

  1. Network users shall be bound to pay or be entitled to receive (as appropriate) daily imbalance charges in relation to their daily imbalance quantity for each gas day.
  2. Daily imbalance charges shall be identified separately on the transmission system operator’s invoices to network users.
  3. The daily imbalance charge shall be cost reflective and shall take account of the prices associated with transmission system operator’s balancing actions, if any, and of the small adjustment referred to in Article 22(6).

 

Article 20

Daily imbalance charge calculation methodology

 

  1. The transmission system operator shall submit the daily imbalance charge calculation methodology to be applied in its balancing zone to the national regulatory authority for approval.
  2. Once approved, the daily imbalance charge calculation methodology shall be published on the relevant website. Any update thereof shall be published in a timely manner.
  3. The daily imbalance charge calculation methodology shall define:

(a) the calculation of the daily imbalance quantity referred to in Article 21;

(b) the derivation of the applicable price referred to in Article 22; and

(c) any other necessary parameter.

 

Article 21

Daily imbalance quantity calculation

 

  1. The transmission system operator shall calculate a daily imbalance quantity for each network user’s balancing portfolio for each gas day in accordance with the following formula:

 

daily imbalance quantity = inputs — off-takes

 

  1. The daily imbalance quantity calculation shall be adapted accordingly where:

(a) a linepack flexibility service is offered; and/or

(b) any arrangement is in place whereby network users provide gas, including gas in kind, to cover:

(i) gas unaccounted for as off taken from the system, such as losses, metering errors; and/or

(ii) gas used by the transmission system operator for the operation of the system, such as fuel gas

  1. Where the sum of a network user’s inputs for the gas day is equal to the sum of its off-takes for this gas day, a network user is deemed balanced for this gas day.
  2. Where the sum of a network user’s inputs for the gas day is not equal to the sum of its off-takes for this gas day, a network user is deemed unbalanced for this gas day and daily imbalance charges shall be applied in accordance with Article 23.
  3. The transmission system operator shall provide a network user with its initial and its final daily imbalance quantities in accordance with Article 37.
  4. The daily imbalance charge shall be based on the final daily imbalance quantity.

 

Article 22

Applicable price

 

  1. For the purpose of daily imbalance charge calculation as provided in Article 23 the applicable price shall be determined as follows:

(a) marginal sell price where the daily imbalance quantity is positive (i.e. the network user’s inputs for that gas day exceed its off-takes for that gas day); or

(b) marginal buy price where the daily imbalance quantity is negative (i.e. the network user’s off-takes for that gas day exceed its inputs for that gas day).

  1. A marginal sell price and a marginal buy price shall be calculated for each gas day pursuant to the following:

(a) a marginal sell price is the lower of:

(i) the lowest price of any sales of title products in which the transmission system operator is involved in respect of the gas day; or

(ii) the weighted average price of gas in respect of that gas day, minus a small adjustment.

(b) a marginal buy price is the higher of:

(i) the highest price of any purchases of title products in which the transmission system operator is involved in respect of the gas day; or

(ii) the weighted average price of gas in respect of that gas day, plus a small adjustment.

  1. For the purpose of determining the marginal sell price, the marginal buy price and the weighted average price, the related trades shall be made on trading platforms that are pre-identified by the transmission system operator and approved by the national regulatory authority. The weighted average price shall be the energy weighted average price of trades in title products carried out at the virtual trading point in respect of a gas day.
  2. A default rule shall be defined in case paragraph 2(a) and (b) do not allow for the derivation of a marginal sell price and/or a marginal buy price.
  3. Subject to the approval of the national regulatory authority, the price of locational products may be taken into account for the purpose of determining the marginal sell price, the marginal buy price and the weighted average price, where proposed by the transmission system operator with corresponding consideration of the extent of the transmission system operator’s use of locational products.
  4. The small adjustment shall:

(a) incentivise network users to balance their inputs and off-takes;

(b) be designed and applied in a non-discriminatory manner in order to:

(i) not deter market entry;

(ii) not impede the development of competitive markets;

(c) not have a detrimental impact on cross-border trade;

(d) not result in network users’ excessive financial exposure to daily imbalance charges.

  1. The value of the small adjustment may differ for determining the marginal buy price and the marginal sell price. The value of the small adjustment shall not exceed ten percent of the weighted average price unless the transmission system operator concerned can justify otherwise to the national regulatory authority and have it approved pursuant to Article 20.

 

Article 23

Daily imbalance charge

 

  1. To calculate daily imbalance charges for each network user, the transmission system operator shall multiply a network user’s daily imbalance quantity by the applicable price determined in accordance with Article 22.
  2. Daily imbalance charges shall be applied as follows:

(a) if a network user’s daily imbalance quantity for the gas day is positive then this network user shall be deemed to have sold gas to the transmission system operator equivalent to the daily imbalance quantity and therefore shall be entitled to receive a credit in respect of daily imbalance charges from the transmission system operator; and

(b) if a network user’s daily imbalance quantity for the gas day is negative then this network user shall be deemed to have purchased gas from the transmission system operator equivalent to the daily imbalance quantity and therefore shall be obliged to pay daily imbalance charges to the transmission system operator.

 

Chapter VI. WITHIN DAY OBLIGATIONS

Article 24

General provisions

 

  1. A transmission system operator is only entitled to apply within day obligations in order to incentivise network users to manage their within day position in view of ensuring the system integrity of its transmission network and minimising its need to undertake balancing actions.
  2. Where the transmission system operator is required to provide information to network users to enable them to manage their exposures associated with within day positions, it shall be provided to them regularly. Where applicable, this information shall be provided upon a request submitted by each network user once.

 

Article 25

Types of within day obligations

 

There are three types of within day obligations, each incentivising the network user for a specific objective as set out in this Article:

(1) System-wide within day obligation

shall be designed to provide incentives for network users to keep the transmission network within its operational limits and shall set out the following:

(a) the operational limits of the transmission network within which it has to remain;

(b) the actions the network users can undertake to keep the transmission network within the operational limits;

(c) the consequential balancing actions of the transmission system operator when the operational limits of the transmission network are approached or reached;

(d) the attribution of costs and/or revenues to the network users and/or consequences on the within day position of these network users resulting from balancing actions undertaken by the transmission system operator;

(e) the related charge which shall be based on the individual within day position of the network user.

(2) Balancing portfolio within day obligation

shall be designed to incentivise network users to keep their individual position during the gas day within a pre-defined range and shall set out the following:

(a) for each balancing portfolio the range within which this balancing portfolio has to stay;

(b) how the range referred to above is determined;

(c) the consequences for network users not staying within the defined range and, where appropriate, details of how any corresponding charge is derived;

(d) the related charge which shall be based on the individual within day position of the network user.

(3) Entry-exit point within day obligation

shall be designed to provide incentives for network users to limit the gas flow or the gas flow variation under specific conditions at specific entry-exit points and shall set out the following:

(a) the limits in the gas flow and/or the gas flow variation;

(b) the entry and/or exit point or groups of entry and/or exit points to which such limits apply;

(c) the conditions under which such limits shall apply;

(d) the consequences of not complying with such limits.

This obligation is additional to any other agreements with final costumers containing, amongst other things, localised specific restrictions and obligations regarding the physical gas flow.

 

Article 26

Requirements for within day obligations

 

  1. The transmission system operator may propose to the national regulatory authority a within day obligation or an amendment thereof. It may combine features of the different types described in Article 25 provided the proposal meets the criteria set out in paragraph 2. The transmission system operator’s right of proposal is without prejudice to the right of the national regulatory authority to take a decision on its own initiative.
  2. Any within day obligation shall meet the following criteria:

(a) a within day obligation and related within day charge, if any, shall not pose any undue barriers on cross-border trade and new network users entering the relevant market;

(b) a within day obligation shall only be applied where the network users are provided with adequate information before a potential within day charge is applied regarding their inputs and/or off-takes and have reasonable means to respond to manage their exposure;

(c) the main costs to be incurred by the network users in relation to their balancing obligations shall relate to their position at the end of the gas day;

(d) to the extent possible, within day charges shall be reflective of the costs of the transmission system operator for the undertaking of any associated balancing actions;

(e) a within day obligation will not result in network users being financially settled to a position of zero during the gas day;

(f) the benefits of introducing a within day obligation in terms of economic and efficient operation of the transmission network outweigh any potential negative impacts thereof, including on liquidity of trades at the virtual trading point.

  1. The transmission system operator may propose different within day obligations for distinct categories of entry or exit points with the aim to provide better incentives for different categories of network users in order to avoid cross subsidies. The transmission system operator’s right of proposal is without prejudice to the right of the national regulatory authority to take a decision on its own initiative.
  2. The transmission system operator shall consult stakeholders, including the national regulatory authorities, the affected distribution system operators and transmission system operators in adjacent balancing zones, on any within day obligation it intends to introduce, including the methodology and assumptions used in arriving at the conclusion that it meets the criteria set out in paragraph 2.
  3. Following the consultation process, the transmission system operator shall produce a recommendation document which shall include the finalised proposal and an analysis of:

(a) the necessity of the within day obligation, taking into account the transmission network’s characteristics and the flexibility available to the transmission system operator through purchase and sale of short term standardised products or use of balancing services in accordance with Chapter III;

(b) the information available to enable network users to manage in a timely manner their within day positions;

(c) the expected financial impact on network users;

(d) the effect on new network users entering the relevant market, including any undue negative impact thereon;

(e) the effect on cross-border trade, including the potential impact on balancing in adjacent balancing zones;

(f) the impact on the short term wholesale gas market, including the liquidity thereof;

(g) the non-discriminatory nature of the within day obligation.

  1. The transmission system operator shall submit the recommendation document to the national regulatory authority for the approval of the proposal in accordance with the procedure set out in Article 27. In parallel, the transmission system operator shall publish this recommendation document, subject to any confidentiality obligations that it may be bound by, and send it to ENTSOG for information.

 

Article 27

National regulatory authority decision making

 

  1. The national regulatory authority shall take and publish a motivated decision within six months following the receipt of the complete recommendation document. In deciding whether to approve the proposed within day obligation, the national regulatory authority shall assess whether this within day obligation meets the criteria set out in Article 26(2).
  2. Before taking the motivated decision the national regulatory authority shall consult with the national regulatory authorities of adjacent Member States and take account of their opinions. The adjacent national regulatory authority(-ies) may seek an opinion from the Agency in accordance with Article 7(4) of Regulation (EC) No 713/2009 on the decision referred to in paragraph 1.

 

Article 28

Existing within day obligations

 

Where the transmission system operator has within day obligation(s) at the date of entry into force of this Regulation, within six months from such date this transmission system operator shall follow the process set out in Article 26(5) to (7) and shall submit the within day obligation(s) to the national regulatory authority for approval in accordance with Article 27 to continue its (their) use.

 

Chapter VII. NEUTRALITY ARRANGEMENTS

Article 29

Principles of neutrality

 

  1. The transmission system operator shall not gain or lose by the payment and receipt of daily imbalance charges, within day charges, balancing actions charges and other charges related to its balancing activities, which shall be considered as all the activities undertaken by the transmission system operator to fulfil the obligations set out in this Regulation.
  2. The transmission system operator shall pass to network users:

(a) any costs and revenues arising from daily imbalance charges and within day charges;

(b) any costs and revenues arising from the balancing actions undertaken pursuant to Article 9, unless the national regulatory authority considers those costs and revenues as incurred inefficiently in accordance with the applicable national rules. This consideration shall be based upon an assessment which:

(i) shall demonstrate to what extent the transmission system operator could have reasonably mitigated the costs incurred when undertaking the balancing action; and

(ii) shall be made with regard to the information, the time and the tools available to the transmission system operator at the moment it decided to undertake the balancing action;

(c) any other costs and revenues related to the balancing activities undertaken by the transmission system operator, unless the national regulatory authority considers these costs and revenues as incurred inefficiently in accordance with the applicable national rules.

  1. Where an incentive to promote efficient undertaking of balancing actions is implemented, the aggregate financial loss shall be limited to the transmission system operator’s inefficiently incurred costs and revenues.
  2. Transmission system operators shall publish the relevant data regarding the aggregate charges referred to in paragraph 1 and the aggregate neutrality charges for balancing, at least at the same frequency as the respective charges are invoiced to network users, but no less than once per month.
  3. Notwithstanding paragraphs 1 and 2, the transmission system operator in its balancing role may be subject to an incentive mechanism as referred to in Article 11.

 

Article 30

Balancing neutrality cash flows

 

  1. The neutrality charge for balancing shall be paid by or to the network user concerned.
  2. The national regulatory authority shall set or approve and publish the methodology for the calculation of the neutrality charges for balancing, including their apportionment amongst network users and credit risk management rules.
  3. The neutrality charge for balancing shall be proportionate to the extent the network user makes use of the relevant entry or exit points concerned or the transmission network.
  4. The neutrality charge for balancing shall be identified separately when invoiced to network users and the invoice shall be accompanied by sufficient supporting information defined in the methodology referred to in paragraph 2.
  5. Where the information model variant 2 is applied and thus the neutrality charge for balancing may be based on forecasted costs and revenues, the transmission system operator’s methodology for the calculation of neutrality charge for balancing shall provide rules for a separate neutrality charge for balancing in respect of non daily metered off-takes.
  6. Where relevant, the transmission system operator’s methodology for the calculation of the neutrality charge for balancing may provide rules for the division of the neutrality charge for balancing components and the subsequent apportionment of the corresponding sums amongst the network users in order to reduce cross subsidies.

 

Article 31

Credit risk management arrangements

 

  1. The transmission system operator shall be entitled to take necessary measures and impose relevant contractual requirements, including financial security safeguards, on network users to mitigate their default in payment regarding any payment due for the charges referred to in Article 29 and 30.
  2. The contractual requirements shall be on a transparent and equal treatment basis, proportionate to the purpose and defined in the methodology referred to in Article 30(2).
  3. In case of a default attributable to a network user, the transmission system operator shall not be liable to bear any loss incurred provided the measures and requirements referred to paragraphs 1 and 2 were duly implemented and such loss shall be recovered in accordance with the methodology referred to in Article 30(2).

 

Chapter VIII. INFORMATION PROVISION

Article 32

Information obligations of transmission system operators towards the network users

 

The information provided to network users by the transmission system operator shall refer to:

(1) the overall status of the transmission network in accordance with point 3.4(5) of Annex I to Regulation (EC) No 715/2009;

(2) the transmission system operator’s balancing actions referred to in Chapter III;

(3) the network user’s inputs and off-takes for the gas day referred to in Articles 33 to 42.

 

Article 33

General provisions

 

  1. If not already provided by the transmission system operator according to point 3.1.2 of Annex I to Regulation (EC) No 715/2009, the transmission system operator shall provide all information referred to under Article 32 in the following manner:

(a) on the transmission system operator’s website or other system providing the information in electronic format;

(b) accessible to network users free of charge;

(c) in a user-friendly manner;

(d) clear, quantifiable and easily accessible;

(e) on a non-discriminatory basis;

(f) in consistent units either in kWh or kWh/d and kWh/h;

(g) in the official language(s) of the Member State and in English.

  1. Where a measured quantity cannot be obtained from a meter, a replacement value may be used. This replacement value shall be used as an alternative reference without any further warranty from the transmission system operator.
  2. Providing access to the information shall not be construed as giving any specific warranty other than the availability of this information in a defined format and via a defined tool such as a website or web address and the related access of the network users to this information under normal conditions of use. In no circumstances shall the transmission system operators be liable to provide any further warranty, in particular as to the IT system of the network users.
  3. The national regulatory authority shall decide on one information model per balancing zone. For information provision on intraday metered inputs and off-takes, the same rules shall apply to all models.
  4. For balancing zones where the information model variant 2 is sought to be applied after the entry into force of this Regulation, a prior market consultation shall be conducted by the transmission system operator or the national regulatory authority as relevant.

 

Article 34

Intraday metered inputs and off-takes

 

  1. For intraday metered inputs to and off-takes from the balancing zone, where a network user’s allocation equals its confirmed quantity, the transmission system operator shall not be obliged to provide information other than the confirmed quantity.
  2. For intraday metered inputs to and off-takes from the balancing zone, where a network user’s allocation does not equal its confirmed quantity, on gas day D the transmission system operator shall provide network users with a minimum of two updates of their measured flows for at least the aggregate intraday metered inputs and off-takes according to either of the following two options, as decided by the transmission system operator:

(a) each update covers gas flows from the beginning of this gas day D; or

(b) each update covers incremental gas flows after that reported in the previous update.

  1. The first updates shall cover at least four hours of gas flow within gas day D. These updates shall be provided without undue delay and within four hours after the gas flow and no later than 17:00 UTC (winter time) or 16:00 UTC (daylight saving).
  2. The time of the second update provision shall be defined upon approval by the national regulatory authority and published by the transmission system operator.
  3. The transmission system operator may request the network users to indicate which of the information referred to in paragraph 2 they have access to. Based on the response received, this transmission system operator shall provide the network user with the part of information it does not have access to, in accordance with paragraphs 2 to 4.
  4. Where the transmission system operator is not responsible for apportioning the gas quantities between network users as part of the allocation process, as an exception to paragraph 2, it shall provide at least information on aggregate inputs and off-takes at a minimum of two times per gas day D on that gas day D.

 

Article 35

Daily metered off-takes

 

  1. Where the information model variant 1 is applied, on gas day D the transmission system operator shall provide network users with a minimum of two updates of their apportionment of measured flows for at least the aggregate daily metered off-takes according to either of the following two options, as decided by the transmission system operator:

(a) each update covers gas flows from the beginning of this gas day D; or

(b) each update covers incremental gas flows after that reported in the previous update.

  1. Each update shall be provided within two hours from the end of the final hour of gas flows.

 

Article 36

Non daily metered off-takes

 

  1. Where the information model base case is applied:

(a) on gas day D-l, the transmission system operator shall provide network users with a forecast of their non daily metered off-takes for gas day D no later than 12:00 UTC (winter time) or 11:00 UTC (daylight saving);

(b) on gas day D, the transmission system operator shall provide network users with a minimum of two updates of the forecast of their non daily metered off-takes.

  1. The first update shall be provided no later than 13:00 UTC (winter time) or 12:00 UTC (daylight saving).
  2. The time of the second update provision shall be defined upon approval by the national regulatory authority and published by the transmission system operator. This shall take into consideration the following:

(a) access to short term standardised products on a trading platform;

(b) accuracy of the forecast of a network users non daily off-takes as compared to the time of its provision;

(c) time when the re-nomination period ends, as provided in Article 15(1);

(d) time of the first update of the forecast for a network user’s non daily metered off-takes.

  1. Where the information model variant 1 is applied, on gas day D, the transmission system operator shall provide network users with a minimum of two updates of their apportionment of measured flows for at least the aggregate non daily metered off-takes as referred to in Article 35.
  2. Where the information model variant 2 is applied, on gas day D-1, the transmission system operator shall provide network users with a forecast of their non daily metered off-takes for gas day D as referred to in paragraph 1(a).

 

Article 37

Inputs and off-takes after the gas day

 

  1. No later than the end of gas day D+1, the transmission system operator shall provide each network user with an initial allocation for its inputs and off-takes on day D and an initial daily imbalance quantity.

(a) For the information models base case and variant 1, all gas delivered to the distribution system shall be allocated;

(b) for the information model variant 2, the non daily metered off-takes shall equal the forecast of a network user’s non daily metered off-takes provided day ahead;

(c) for the information model variant 1, an initial allocation and an initial daily imbalance quantity shall be considered as the final allocation and the final daily imbalance quantity.

  1. Where an interim measure referred to in Articles 47 to 51 applies, an initial allocation and an initial daily imbalance quantity can be provided within three gas days after gas day D in case it would not be technically or operationally feasible to comply with paragraph 1.
  2. The transmission system operator shall provide each network user with the final allocation for its inputs and off-takes and the final daily imbalance quantity within a period of time defined under the applicable national rules.

 

Article 38

Cost benefit analysis

 

  1. Within two years as from the entry into force of this Regulation, the transmission system operators shall assess the costs and benefits of:

(a) increasing the frequency of information provision to network users;

(b) reducing the related timelines of information provision;

(c) improving the accuracy of the information provided.

This cost benefit analysis shall specify the breakdown of costs and benefits among the categories of affected parties.

  1. The transmission system operator shall consult the stakeholders on this assessment, in cooperation with the distribution system operators where they are affected.
  2. On the basis of the consultation results, the national regulatory authority shall decide on any relevant changes of information provision.

 

Article 39

Information obligations of distribution system operator(s) and forecasting party(-ies) towards the transmission system operator

 

  1. Each distribution system operator associated to a balancing zone and each forecasting party shall provide the transmission system operator in the respective balancing zone with the information necessary for information provision to the network users under this Regulation. This shall include inputs and off-takes on the distribution system regardless whether that system is a part of the balancing zone or not.
  2. The information, its format and the procedure for its provision shall be defined in cooperation between the transmission system operator, the distribution system operator and the forecasting party, as relevant, to ensure the due provision of information by the transmission system operator to the network users under this Chapter and in particular the criteria set out in Article 33(1).
  3. This information shall be provided to the transmission system operator in the same format as defined under the applicable national rules and shall be consistent with the format used by the transmission system operator to provide the information to the network users.
  4. The national regulatory authority may ask the transmission system operator, the distribution system operator and the forecasting party, to propose an incentive mechanism regarding the provision of an accurate forecast for a network user’s non daily metered off-takes which shall meet the criteria set out for the transmission system operator in Article 11(4).
  5. The national regulatory authority shall designate the forecasting party in a balancing zone after prior consultation with the transmission system operators and distribution system operators concerned. The forecasting party shall be responsible for forecasting a network user’s non daily metered off-takes and where appropriate its subsequent allocation. It may be a transmission system operator, distribution system operator or a third party.

 

Article 40

Information obligations of the distribution system operator(s) towards the transmission system operator

 

The distribution system operator shall provide the transmission system operator with information on the intraday and daily metered inputs and off-takes on the distribution system consistent with the information requirements set out in Articles 34(2) to (6), 35 and 37. This information shall be provided to the transmission system operator within the time sufficient for the transmission system operator to provide the information to network users.

 

Article 41

Information obligations of the distribution system operator(s) towards the forecasting party

 

  1. Distribution system operators are responsible for providing the forecasting party with sufficient and updated information for the purpose of the methodology for the forecast of a network user’s non daily metered off-takes application as set out in Article 42(2). This information shall be provided in a timely manner in accordance with the timelines defined by the forecasting party to be consistent with its needs.
  2. Paragraph 1 shall apply, mutatis mutandis, to variant 1.

 

Article 42

Information obligations of the forecasting party towards the transmission system operator

 

  1. The forecasting party shall provide the transmission system operator with forecasts of network user’s non daily metered off-takes and subsequent allocations consistent with the information requirements set out in Articles 36 and 37. This information shall be provided to the transmission system operator within the time sufficient for the transmission system operator to provide the information to network users and for day ahead and within day forecasts of a network user’s non daily metered off-takes no later than one hour before the deadlines referred to in Article 36(1)(a) and (b), unless a later time sufficient for the transmission system operator to provide this information to the network users is agreed by the transmission system operator and the forecasting party.
  2. The methodology for the forecast of a network user’s non daily metered off-takes shall be based on a statistical demand model, with each non daily metered off-take assigned with a load profile, consisting of a formula of the variation in gas demand versus variables such as temperature, day of week, customer type and holiday seasons. The methodology shall be subject to consultation before its adoption.
  3. A report on the accuracy of the forecast of a network user’s non daily metered off-takes shall be published by the forecasting party at least every two years.
  4. Where relevant, transmission system operators shall provide the data regarding gas flows within the time sufficient for the forecasting party to comply with its obligations under this Article.
  5. Paragraphs 2 to 4 shall, mutatis mutandis, apply to variant 1.

 

Chapter IX. LINEPACK FLEXIBILITY SERVICE

Article 43

General provisions

 

  1. A transmission system operator may offer the provision of a linepack flexibility service to network users after the approval of the related terms and conditions by the national regulatory authority.
  2. The terms and conditions applicable to a linepack flexibility service shall be consistent with the responsibility of a network user to balance its inputs and off-takes over the gas day.
  3. The linepack flexibility service shall be limited to the level of linepack flexibility available in the transmission network and deemed not required for carrying out its function of transmission according to the concerned transmission system operator’s evaluation.
  4. Gas delivered to and off-taken from the transmission network by network users under this service shall be taken into account for the purpose of calculation of their daily imbalance quantity.
  5. The neutrality mechanism set out in Chapter VII shall not apply to the linepack flexibility service unless otherwise decided by the national regulatory authority.
  6. Network users shall notify the transmission system operator concerned of the use of the linepack flexibility service by submitting nominations and re-nominations.
  7. The transmission system operator may refrain from requiring the network users to submit nominations and re-nominations referred to in paragraph 6, where the absence of such a notification does not undermine the development of the short term wholesale gas market and the transmission system operator has sufficient information to provide an accurate allocation of the use of a linepack flexibility service the following gas day.

 

Article 44

Conditions for provision of linepack flexibility service

 

  1. Linepack flexibility service can only be provided once all the following criteria are met:

(a) the transmission system operator shall not need to enter into any contracts with any other infrastructure provider, such as storage system operator or LNG system operator, for the purpose of provision of a linepack flexibility service;

(b) the revenues generated by the transmission system operator from the provision of a linepack flexibility service shall at least be equal to the costs incurred or to be incurred in providing this service;

(c) the linepack flexibility service shall be offered on a transparent and non-discriminatory basis and can be offered using competitive mechanisms;

(d) the transmission system operator shall not charge, either directly or indirectly, a network user for any costs incurred by the provision of a linepack flexibility service, should this network user not contract for it; and

(e) the provision of a linepack flexibility service shall not have a detrimental impact on cross-border trade.

  1. The transmission system operator shall prioritise the reduction of within day obligations over the provision of a linepack flexibility service.

 

Chapter X. INTERIM MEASURES

Article 45

Interim measures: general provisions

 

  1. In the absence of sufficient liquidity of the short term wholesale gas market, suitable interim measures referred to in Articles 47 to 50 shall be implemented by the transmission system operators. Balancing actions undertaken by the transmission system operator in case of interim measures shall foster the liquidity of the short term wholesale gas market to the extent possible.
  2. The resort to an interim measure is without prejudice to the implementation of any other interim measure(s) as an alternative or additionally, provided that such measures aim at promoting competition and liquidity of the short term wholesale gas market and are consistent with the general principles set out in this Regulation.
  3. The interim measures referred to in paragraph 1 and 2 shall be developed and implemented by each transmission system operator, in accordance with the report, referred to in

Article 46(1), approved by the national regulatory authority in accordance with the procedure set out in Article 46.

  1. The report shall foresee the termination of the interim measures no later than five years as from the entry into force of this Regulation.

 

Article 46

Interim measures: annual report

 

  1. Where the transmission system operator foresees implementing or continuing to implement interim measures, it shall prepare a report which shall specify:

(a) a description of the state of development and the liquidity of the short term wholesale gas market at the time of preparing the report, including, where available to the transmission system operator, inter alia:

(i) the number of transactions concluded at the virtual trading point and the number of transactions in general;

(ii) the bid/offer spreads and the volumes of bids and offers;

(iii) the number of participants having access to the short term wholesale gas market;

(iv) the number of participants having been active on the short term wholesale gas market during a given period of time;

(b) the interim measures to be applied

(c) the reasons for the application of the interim measures:

(i) an explanation why they are needed due to the state of development of the short term wholesale gas market referred to in point (b);

(ii) an assessment of how they will increase the liquidity of the short term wholesale gas market.

(d) an identification of the steps that will be taken to remove the interim measures, including the criteria for making these steps and an assessment of the related timing.

  1. The transmission system operator shall consult stakeholders on the proposed report.
  2. Following the consultation process, the transmission system operator shall submit the report to the national regulatory authority for the approval. The first report shall be submitted within six months as from the entry into force of this Regulation and the subsequent reports updating it, if necessary, shall be submitted annually.
  3. The national regulatory authority shall take and publish a motivated decision within six months following the receipt of the complete report. Such a decision shall be notified, without delay, to the Agency and the Commission. In deciding whether to approve the report, the national regulatory authority shall assess its effect on balancing regimes’ harmonisation, facilitation of market integration, ensuring non-discrimination, effective competition and the efficient functioning of the gas market.
  4. The procedure as set out in Article 27(2) applies.

 

Article 47

Balancing platform

 

  1. Where the short term wholesale gas market has or is anticipated to have insufficient liquidity or where temporal products and locational products required by the transmission system operator cannot reasonably be procured on this market, a balancing platform shall be established for the purpose of transmission system operator balancing.
  2. The transmission system operators shall consider whether a joint balancing platform may be implemented for adjacent balancing zones in the framework of cooperation between the transmission system operators or where there is sufficient interconnection capacity and such joint balancing platform is deemed efficient to be implemented. If a joint balancing platform is established, it shall be operated by the transmission system operators concerned.
  3. In case the situation described under paragraph 1 has not fundamentally changed after five years the national regulatory authority may, without prejudice to Article 45(4) and after submitting the appropriate amendment of the report, decide to continue the operation of the balancing platform for another period of no more than five years.

 

Article 48

Alternative to a balancing platform

 

Where the transmission system operator can demonstrate that as a result of insufficient interconnection capacity between balancing zones a balancing platform cannot increase the liquidity of the short term wholesale gas market and cannot enable the transmission system operator to undertake efficient balancing actions, it may use an alternative, such as balancing services, subject to the approval by the national regulatory authority. Where such an alternative is used, the terms and conditions of the subsequent contractual arrangements as well as the applicable prices and duration shall be specified

 

Article 49

Interim imbalance charge

 

  1. Where interim measures referred to in Article 45 are necessary, the price derivation may be calculated in accordance with the report referred to in Article 46 which shall substitute the daily imbalance charge calculation methodology.
  2. In that case, the price derivation may be based upon an administered price, a proxy for a market price or a price derived from balancing platform trades.
  3. The proxy for a market price shall seek to satisfy the conditions provided for in Article 22(6). The design of this proxy shall consider the potential risk for market manipulation.

 

Article 50

Tolerance

 

  1. Tolerances may only be applied in case network users do not have access:

(a) to a short term wholesale gas market that has sufficient liquidity;

(b) to gas required to meet short term fluctuations in gas demand or supply; or

(c) to sufficient information regarding their inputs and off-takes.

  1. Tolerances shall be applied:

(a) with regard to network users’ daily imbalance quantity;

(b) on a transparent and non-discriminatory basis;

(c) only to the extent necessary and for the minimum duration required.

  1. The application of tolerances may reduce a network user’s financial exposure to the marginal sell price or the marginal buy price in respect of a part of or the network user’s entire daily imbalance quantity for the gas day.
  2. The tolerance level shall be the maximum quantity of gas to be bought or sold by each network user at a weighted average price. If there is a remaining quantity of gas that constitutes each network user’s daily imbalance quantity which exceeds the tolerance level, it shall be sold or bought at marginal sell price or marginal buy price.
  3. The design of the tolerance level shall:

(a) reflect the transmission network’s flexibility and network user’s needs;

(b) reflect the level of risk to the network user in managing the balance of its inputs and off-takes;

(c) not undermine the development of the short term wholesale gas market;

(d) not result in an unduly excessive increase of the transmission system operator’s balancing actions’ costs.

  1. The tolerance level shall be calculated on the basis of each network user’s inputs and off-takes, excluding trades at the virtual trading point, for each gas day. The subcategories shall be defined under the applicable national rules.
  2. The tolerance level applicable for a non daily metered off-take defined under the applicable national rules shall be based upon the difference between the relevant forecast of a network user’s non daily metered off-takes and the allocation for non daily metered off-take.
  3. The tolerance level may include a component calculated taking into account the application of the deviation of the forecast of a network user’s non daily metered off-takes which is the amount by which the relevant forecast:

(a) exceeds the allocation for non daily metered off-take in case the daily imbalance quantity is positive;

(b) is less than the allocation for non daily metered off-take in case the daily imbalance quantity is negative.

 

Chapter XI. FINAL AND TRANSITIONAL PROVISIONS

Article 51

Release of surplus transmission system operator’s flexibility

 

  1. Where long term contracts for the procurement of flexibility in force at the date of entry into force of this Regulation provide the transmission system operator with a right to off-take or input specified volumes of gas, the transmission system operator shall aim to reduce these amounts of flexibility.
  2. While determining the amount of surplus flexibility available for input or off-take under a long term contract in force, the transmission system operator shall take into account the use of the short term standardised products.
  3. The surplus flexibility may be released either:

(a) pursuant to the terms and conditions of the existing contract where it contains provisions permitting to reduce the gas quantity committed and/or to terminate the existing contract; or

(b) as follows in the absence of such contractual rights:

(i) the contract remains in force until its termination pursuant to the applicable terms and conditions;

(ii) the contracting parties shall consider additional arrangements in order to release back to the market any surplus gas not required for balancing purposes to give access to the other network users to greater amounts of flexibility.

  1. Where the contract in force provides for reducing the flexibility by amounts consistent with the surplus availability, the transmission system operator shall reduce such flexibility as soon as reasonably possible as from the entry into force of this Regulation or as soon as the existence of the surplus can be established.
  2. The transmission system operator shall consult stakeholders on specific proposals to be implemented as interim measures for release of any surplus flexibility under a long term contract in force.
  3. The transmission system operator shall publish information on its balancing actions undertaken pursuant to the long term contract in force.
  4. The national regulatory authority may set targets for the proportion by which the long term contracts should be reduced in order to increase the liquidity of the short term wholesale gas market.

 

Article 52

Transitional provisions

 

  1. The national regulatory authority may allow the transmission system operator, based on its justified request, to comply with the provisions of this Regulation within a twenty four-month period as from 1 October 2014, provided no interim measure referred to in Chapter X is implemented by the transmission system operator. In case the national regulatory authority makes use of this possibility, this Regulation shall not apply in the balancing zone of that transmission system operator to the extent and for the duration of the transitional period laid down in the decision of the national regulatory authority.
  2. The national regulatory authority shall take and publish a motivated decision in accordance with paragraph 1 within three months following the receipt of such a request. Such a decision shall be notified, without delay, to the Agency and the Commission.

 

Article 53

Entry into force

 

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Without prejudice to Articles 28, 33(5), 38(1), 45(4), 46(3), 51 and 52 this Regulation shall apply as from 1 October 2015.

 

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 March 2014.

For the Commission

The President  MANUEL BARROSO

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