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TAR NC Implementation Document – Second Edition September 2017

Comparison

ARTICLE 27(5) REPETITIVE CONSULTATION PROCESSES

AND 28(2) AND COMPARISON

Responsibility: consultation per Article 26(1) is by TSO/NRA, as NRA decides,

and decision is by NRA; consultation per Article 28(1) is by NRA, and decision

is by NRA

Table 15 compares procedural aspects of the consultations under Article 26(1) and

Article 28(1).

 1)

COMPARISON OF CONSULTATIONS UNDER ARTICLES 26(1) AND 28(1)

Aspect

Consultation per Article 26(1)

Consultation per Article 28(1)

Content of the

consultation

See Table 10

Overlap for discounts (LNG,

‘isolation’)

See Table 11

Overlap for discounts (LNG,

‘isolation’)

Who is consulting

TSO or NRA, as decided by NRA NRA

Who is consulted

Stakeholders

‘NRAs from all directly connected

MSs and relevant stakeholders’

Start of the first

procedure

May be initiated as from the TAR NC entry into force

End of the first proce-

dure

As from 31 May 2019 

1)

Start of the subsequent

procedures

At least every five years as from

the NRA decision per first

procedure

Every tariff period as from the

NRA decision per first procedure

End of the subsequent

procedures

By 31 May 2024 and every five

years thereafter

Minimum 30 days before

publishing information for the

annual yearly capacity auctions

Table 15:

Comparison of consultations under Articles 26(1) and 28(1)

As Table 15 shows, the procedure per Article 26(1) must repeat at least every five

years as from 31 May 2019, while the Article 28(1) procedure must recur every tariff

period, and 30 days before the annual yearly capacity auctions. ‘Subsequent

consultations’ must occur even if no changes are foreseen from previous NRA

decisions. The two consultation processes therefore coincide at least every five

years. Figure 33 shows the example of a one-year January – December tariff period

where the Article 26(1) consultation repeats exactly every five years. The example

does not reflect the idea of ‘merging’ the consultations as described above.

 1) See Section ‘Article 27(5) – ‘new tariffs’ for implications for the prevailing tariffs at the date of 31 May 2019.