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Internal market in gas
Internal market in gas
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Internal market in gas
WHAT IS THE AIM OF THE DIRECTIVE?
Rules for the organisation of the sector
These rules are aimed at creating a competitive, secure and environmentally sustainable market in natural gas.
EU countries may impose public service obligations on gas companies, covering:
EU countries must ensure that:
EU countries are responsible for monitoring the security of supply and in particular:
Regional or international cooperation may be put in place to ensure the security of supply.
EU countries must ensure the integration of national markets at one or more regional levels, as a first step towards the integration of a fully liberalised internal market. The isolated systems which form ‘gas islands’ must also be integrated. In this context, the national regulatory authorities must cooperate with the Agency for the Cooperation of Energy Regulators.
Transmission, storage and LNG
Unbundling* and transparency of accounts
From 3 March 2012, EU countries were required to unbundle transmission systems and transmission system operators. This means that companies active in the production or supply of gas or electricity cannot exercise any rights over a transmission system operator, and vice versa.
EU countries and the competent authorities have right of access to the accounts of natural gas companies but must preserve the confidentiality of certain information. Natural gas companies must keep separate accounts for all of their activities relating to the supply of gas, such as transmission and distribution.
Designation of transmission system operators
A company must first be certified before being officially designated as a transmission system operator. A list of transmission system operators designated by EU countries is then published in the Official Journal of the European Union.
In addition and, where applicable, EU countries have to designate one or more storage and LNG system operator.
Tasks of transmission system operators
System operators are responsible for:
Transmission system operators must build sufficient cross-border capacity to integrate the European transmission infrastructure. Every year, they must submit to the regulatory authority a 10-year network development plan indicating the main infrastructure that needs to be built or modernised as well as the investments to be executed over the next 10 years.
Distribution and supply
EU countries must designate distribution system operators or require companies which own or are responsible for distribution systems to do so.
Distribution system operators are mainly responsible for:
The distribution system operator must be independent in legal terms from other activities not relating to distribution.
Organisation of access to the system
EU countries or the competent regulatory authorities are responsible for organising a system of non-discriminatory third-party access to transmission and distribution systems based on published tariffs. They must ensure that eligible customers can obtain access to upstream pipeline networks. Also, they have to define the conditions for access to storage facilities and linepack (the storage of gas by compression in gas transmission and distribution systems).
FROM WHEN DOES THE DIRECTIVE APPLY?
It has applied since 3 September 2009 and had to become law in the EU countries by 3 March 2011.
This directive repealed Directive 2003/55/EC on 3 March 2011.
Two 2007 Commission communications on the prospects for the internal gas and electricity market and the sector inquiry into the gas and electricity markets highlighted the inadequacy of the rules and measures in force relating to the internal market and showed that the adoption of new rules was required.
For more information, see:
Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ L 211, 14.8.2009, pp. 94-136)
Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (OJ L 211, 14.8.2009, pp. 1-14)
Successive amendments to Regulation (EC) No 713/2009 have been incorporated in the original text. This consolidated version is of documentary value only.
Communication from the Commission to the Council and the European Parliament — Prospects for the internal gas and electricity market (COM(2006) 841 final, 10.1.2007)
Communication from the Commission — Inquiry pursuant to Article 17 of Regulation (EC) No 1/2003 into the European gas and electricity sectors (Final Report) (COM(2006) 851 final, 10.1.2007)
last update 23.08.2018