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Summaries of EU Legislation

Natural gas transmission networks

Natural gas transmission networks

 

SUMMARY OF:

Regulation (EC) No 715/2009 on conditions for access to the natural gas transmission networks

WHAT IS THE AIM OF THE REGULATION?

It lays down rules for access to:

  • natural gas transmission* networks;
  • gas storage; and
  • liquefied natural gas facilities.

These rules aim to counteract barriers to competition in the EU’s market for natural gas and to ensure its smooth operation.

KEY POINTS

The regulation determines:

  • how tariffs (solely for access to networks) are set;
  • the services to be offered;
  • the allocation of capacity to gas transmission system operators (TSOs)*;
  • transparency requirements (such as rules on publishing how they arrive at their tariffs and their tariff structure); and
  • balancing* rules and imbalance charges on the market.

Certification of transmission system operators

National regulatory authorities (NRAs) must notify the European Commission of decisions relating to certifying a TSO. The Commission has 2 months to deliver its opinion to an NRA . The authority then adopts the final decision concerning the TSO’s certification. This decision and the Commission’s opinion are published.

Creation of the European Network of Transmission System Operators for Gas (ENTSOG)

The gas TSOs had to submit to the Commission and to the Agency for the Cooperation of Energy Regulators (ACER) the draft statutes for the ENTSOG, a list of members and draft rules of procedure by 3 March 2011.

Tasks of the ENTSOG concerning network codes

The Commission must consult ACER and the ENTSOG in order to establish an annual list of the priorities for developing sets of rules (known as network codes). These codes are developed using a non-binding guideline submitted to the Commission by ACER. The codes relate in particular to:

Tasks of the ENTSOG

The ENTSOG is responsible for adopting:

  • common network operation tools;
  • a 10-year network development plan;
  • recommendations for coordinated technical cooperation between EU TSOs;
  • an annual work programme;
  • an annual report;
  • annual summer and winter supply outlooks.

Costs and tariffs

The regulatory authorities determine tariffs or methodologies for their calculation. EU countries may take decisions relating to tariffs such as fixing auction arrangements.

Third-party access services

  • TSOs must offer their services in a non-discriminatory manner to all network users.

    Detailed allocation rules are established in the Network Code on Capacity Allocation Mechanism.

  • Liquefied natural gas and storage facility operators must also offer their services on a non-discriminatory basis and make them compatible with the use of interconnected gas transport networks. EU countries may decide whether access for storage is to be regulated or negotiated.

Congestion management

  • All market participants must have access to maximum network capacity as well as to storage and LNG facilities.
  • TSOs must practise and publish transparent congestion-management* procedures which ensure that cross-border exchanges in gas are on a non-discriminatory basis.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 3 March 2011. It repealed Regulation (EC) No 1775/2005 from 3 March 2011.

BACKGROUND

For more information, see:

KEY TERMS

Transmission: transport of gas from production areas to end consumers by underground pipelines.
Transmission system operator (TSO): a body that transports energy, such as natural gas, either nationally or regionally, using fixed infrastructure.
Balancing: making receipts and deliveries of gas into or withdrawals from a company equal. Balancing may be accomplished daily, monthly or seasonally, with penalties generally assessed for excessive imbalance.
Congestion management: congestion arises when the transmission system is not sufficient to transfer the power according to market desires. Congestion management ensures the use of the power available without violating the system constraints.

MAIN DOCUMENT

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 (OJ L 211, 14.8.2009, pp. 36-54)

Successive amendments to Implementing Regulation (EC) No 715/2009) have been incorporated in the original text. This consolidated version is of documentary value only.

RELATED ACTS

Commission Regulation (EU) 2017/459 of 16 March 2017 establishing a network code on capacity allocation mechanisms in gas transmission systems and repealing Regulation (EU) No 984/2013 (OJ L 72, 17.3.2017, pp. 1-28)

Commission Regulation (EU) 2017/460 of 16 March 2017 establishing a network code on harmonised transmission tariff structures for gas (OJ L 72, 17.3.2017, pp. 29-56)

Commission Regulation (EU) 2015/703 of 30 April 2015 establishing a network code on interoperability and data exchange rules (OJ L 113, 1.5.2015, pp. 13-26)

Commission Regulation (EU) No 312/2014 of 26 March 2014 establishing a Network Code on Gas Balancing of Transmission Networks (OJ L 91, 27.3.2014, pp. 15-35)

last update 05.07.2018

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