ENTSOG Tariff NC - Implementation Document 2nd Edition

NETWORK CODE ESTABLISHMENT PROCESS

Article 6 of the Gas Regulation sets out the process for creating a NC, which involves ENTSOG, ACER, the EC and all other market participants. Figure 1 illustrates the stages of the NC establishment process.

Guidelines

Ground Rules

1. 2. 3.

Framework Guidelines

EC Priority List

Network Code

EC

ACER

ENTSOG

The NC establishment process involves the following steps: \\ After consulting with market participants the EC estab- lishes an annual priority list, which may call for the devel- opment of framework guidelines (‘FG’) or NCs for specif- ic topics. There was no priority list in 2011, as the Gas Regulation rules only applied as from 3 March 2011. However, in 2010 the 17  th Madrid Forum already ‘welcomed ERGEG’s intention to continue its work on… tariff structures, with the goal of preparing input to framework guidelines on transmission tariff structures…’  1), 2) . \\ The EC requests ACER to prepare the non-binding FG within ‘a reasonable’ time period ‘not exceeding six months’ , but which the EC ‘may extend’ . The EC’s invitation did not originate in the annual priority list but in discussions within the Trilateral Planning Group every two months  3) . The TAR FG preparation took 17 months  4) . Further to the feedback received through ACER, ENTSOG notes that the deadline for ACER’s preparation was postponed by the EC twice, based on the changing scope of the TAR FG  5) .  1) ERGEG – European Regulators’ Group for Electricity and Gas, a ‘forerunner’ to ACER: www.ceer.eu/portal/page/portal/EER_HOME/EER_ABOUT/Tab  2) See conclusions of the 17 th Meeting of the European Gas Regulatory Forum of 14–15 January 2010: https://ec.europa.eu/energy/sites/ener/files/documents/meeting_017.zip  3) The Trilateral Planning Group Material was publicly available in 2011–2012.  4) The EC invitation for ACER to start the procedure for developing the TAR FG is dated 29 June 2012: http://www.acer.europa.eu/en/Gas/Framework%20guidelines_and_net- work%20codes/Documents/FG_TAR_Invitation.pdf . The final TAR FG was published on 29 November 2013: http://www.acer.europa.eu/Official_documents/Acts_of_the_Agen- cy/Framework_Guidelines/Framework%20Guidelines/Framework%20Guidelines%20 on%20Harmonised%20Gas%20Transmission%20Tariff%20Structures.pdf .  5) For the exchange of letters about the scope between EC and ACER, see item 5 on ACER’s website for ‘Harmonised transmission tariff structures for gas’: http://www. acer.europa.eu/en/gas/Framework%20guidelines_and_network%20codes/Pages/Har- monised-transmission-tariff-structures.aspx .

ACER organised two public consultations, two workshops and two ‘open house’ events to engage with stakeholders when preparing the TAR FG. ACER also published a Justification Document elaborating upon the TAR FG.  6) \\ The EC asks ENTSOG to prepare a NC in line with the relevant FG within ‘a reasonable’ time period ‘not ex­ ceeding twelve months’ . In contrast to the time period for developing ACER’s FG, the Gas Regulation does not contemplate prolonging the time period for ENTSOG’s development of the NC. ENTSOG took 12 months to prepare the TAR NC   7) . \\ ENTSOG develops the draft NC for submission to ACER  8) . Within the NC development process, ENTSOG organises a number of public consultations on the drafts of a NC: stakeholder joint working sessions before drafting the legal text, consultation on the initial draft NC, and a stake- holder support process with respect to the refined draft NC. As envisaged by Article 10(3) of the Gas Regulation, ENTSOG has supplemented all drafts of the NC with supporting material explaining how it took into account stakeholder comments   9) .  6) See ACER’s website for ‘Harmonised transmission tariff structures for gas’: http://www. acer.europa.eu/en/gas/Framework%20guidelines_and_network%20codes/Pages/Har- monised-transmission-tariff-structures.aspx .  7) The EC invitation for ENTSOG to draft the TAR NC is dated 19 December 2013: http://entsog.eu/public/uploads/files/publications/Tariffs/2013/20131217%20Invita- tion%20ENTSOG%20draft%20NC%20TAR.pdf  8) The TAR NC developed by ENTSOG was submitted to ACER on 26 December 2014: http://entsog.eu/public/uploads/files/publications/Tariffs/2014/TAR0450_141226_ TAR%20NC_Final.pdf  9) See Article 28 ‘Code development’ of ENTSOG’s Rules of Procedure: http://www.entsog.eu/public/uploads/files/publications/Statutes/2012/ENTSOG_RoP_ GA_2012_03_06.pdf

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TAR NC Implementation Document – Second Edition September 2017