ENTSOG Tariff NC - Implementation Document 2nd Edition

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TAR NC Implementation Document – Second Edition September 2017 | 15
For the TAR NC, ENTSOG has organised three public con-
sultations, five stakeholder joint working sessions and three
workshops to engage with stakeholders and solicit their
views. With each version of the draft TAR NC, ENTSOG
published three additional documents explaining the
choices made in the draft legal text1).
\\ACER provides a reasoned opinion on the draft NC sub-
mitted by ENTSOG within a time period of no more than
three months.
The TAR NC reasoned opinion preparation took three
months2).
\\ENTSOG may choose to amend the draft NC ‘in the light
of’ ACER’s reasoned opinion and re-submit it to ACER.
The Gas Regulation is silent on the duration of the poten-
tial interaction between ENTSOG and ACER.
As with all previous NCs, ENTSOG has re-submitted the
redrafted TAR NC to ACER3) along with a document ex-
plaining the choices made in the legal text4). ENTSOG,
ACER and the EC held a number of trilateral meetings to
discuss the next steps.
\\Once ACER ‘is satisfied’ that the NC is ‘in line’ with the
FG, ACER may choose to recommend the NC for adop-
tion by the EC.
1) See Annex X ‘Versions of ENTSOG’s TAR NC and additional material’ and ENTSOG’s
website for all documents related to public consultations:
2) The reasoned opinion of ACER was published on 26 March 2015:
3) The TAR NC re-drafted by ENTSOG was submitted to ACER on 31 July 2015:
4) See Annex X ‘Versions of ENTSOG’s TAR NC and additional material’.
ACER did not secure a favourable opinion of the Board of
Regulators for the re-submitted TAR NC, so it did not
provide such a recommendation5).
\\The Gas Regulation envisages other ways forward in the
absence of ACER’s recommendation.
At the 28th Madrid Forum the EC announced its decision
to ‘take over’ the few remaining steps for the finalisation
of the TAR NC. The Forum noted ‘the Commission’s in-
tention – taking due account of the views of ACER,
ENTSOG and stakeholders – to launch the formal legisla-
tive procedure still in Q1 2016’6).
\\The Comitology Procedure involves the Gas Committee
(Committee on the implementation of common rules on
the transport, distribution, supply and storage of natural
gas), the European Parliament and the Council. The EC
adopts the NC at the end of the Comitology Procedure7) .
For the TAR NC, the relevant comitology documents are
available in the Comitology Register, including the draft
legal texts of the TAR NC, the associated impact assess-
ment and the Gas Committee’s voting sheet and the
summary record8). The final TAR NC is published in the
Official Journal of the EU9) .
5) No official announcement on ACER’s website. See conclusions of the 28th Meeting of the
European Gas Regulatory Forum of 14–15 October 2015 (‘The Forum takes note that
ACER is not providing a Recommendation on the Network Code regarding harmonised
transmission tariff structures for gas […]’.):
6) See conclusions of the 28th Meeting of the European Gas Regulatory Forum of 14–15
October 2015:
7) For the information on the TAR NC, see the beginning of this section and
‘TAR NC – a new gas network code’.
8) See the dossier number ‘CMTD(2016)0778’ in the Comitology Register:
9) OJ L 72, 17.3.2017, p. 29.
ACER/EC
Evaluation
Gas Committee /
Council / Parliament
Comitology
Implementation by
TSOs, NRAs etc.
Entry Into
Force
Figure 1: NC establishment process