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TAR NC Implementation Document – Second Edition September 2017 |

47

TRANSMISSION TARIFFS FOR FIRM CAPACITY

PRODUCTS WITH ‘CONDITIONS’

Responsibility: subject to consultation per Article 26(1) by TSO/NRA, as NRA

decides; subject to decision by NRA

Article 4(2) of the TAR NC mentions

‘conditions for firm capacity products’

. Some

systems have introduced such firm capacity products with ‘conditions’ for the

efficient use of the network, and to maximise the offer of firm capacity taking into

account market and network characteristics. Examples include Austria, Belgium,

Germany, Luxembourg and the Netherlands. The TAR NC permits the determination

of transmission tariffs in a certain ‘manner’ that considers these conditions.

Entry-exit systems aim for independent and seamless use of flexible entry and exit

capacity regardless of underlying system characteristics, and at times across

different networks operated by different TSOs. In reality physical flows, the design of

the networks and their interaction constrain the ability of TSOs to guarantee firm and

freely allocable capacity, and it is not always efficient to try and surmount physical

constraints with additional investment. In the presence of constraints, introducing

‘conditions’ to firm standard capacity products aims for the efficient use of the

network.

Article 38(4) of the Amended CAM NC calls for ACER to produce a report on

‘conditionalities’

set out in firm capacity products contracts

‘having regard to their

effect on efficient network use and the integration of the Union gas markets’

. ACER

should prepare its report with the support of relevant NRAs and TSOs,

‘in the

framework’

of its monitoring task, and within two years of the Amended CAM NC’s

entry into force, which coincides with the entry into force of the TAR NC.

Annex B outlines some examples of currently offered firm capacity products with

‘conditions’.

In accordance with the EU and national rules, other products may be introduced for

greater efficiency of the use of the transmission system.

ARTICLE 4(2)