ENTSOG Tariff NC - Implementation Document 2nd Edition

TAR NC Implementation Document – Second Edition September 2017 |

Citations and Recitals

Several citations and recitals precede the Articles of the

TAR NC. The citations are the two paragraphs starting

with ‘having regard to…’; the recitals are the 12 ‘where-

as’ paragraphs.

CITATIONS

Citations describe the legal framework for the TAR NC, setting the scene for ‘where

it comes from’. The first citation refers to the primary legislation – Treaty on the

Functioning of the EU

, while the second citation refers to the secondary legisla-

tion – the Gas Regulation. The second one also mentions Article 6(11) of the Gas

Regulation, which established the procedure for adopting a NC.

RECITALS

Although the TAR NC is

‘binding in its entirety’

, the recitals are not legally binding in

isolation. They need to be read in conjunction with the respective Articles, as they

provide the background for the rules set out in the Articles. In particular, the TAR NC

recitals are linked to the following rules: transparency requirements, consultation on

the proposed RPM, the level of discounts at certain points on the system, the ap-

proach towards high-transit systems and interconnectors, and so forth.

Apart from the background for the specific rules, recitals also serve the following

purposes:

Recitals (1) and (10) mention the high-level objectives of the TAR NC, such as

contributing to market integration, enhancing security of supply, promoting in-

terconnection between gas networks and avoiding foreclosure of downstream

supply markets.

Recital (11) provides some guidance for implementing the TAR NC, encourag-

ing both NRAs and TSOs to adopt

‘best practices and endeavours to harmonise

processes for the implementation’

of the TAR NC; ACER and NRAs should

‘ensure’

that the TAR NC rules

‘are implemented across the Union in the most

effective way’

In conjunction with Article 6(11) of the Gas Regulation mentioned in the second

citation, recital (12) recalls the Comitology Procedure for adopting the TAR NC,

which includes the step of securing the opinion of the Committee established

per Article 51 of the Gas Directive.

1) Consolidated version: OJ C 326, 26.10.2012, p. 47–390.