+Article 71 Establishment of network codes for natural gas
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Article 71 Establishment of network codes for natural gas
1. Översikt
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Reglering |
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Article 71 1
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1. The Commission is empowered to adopt delegated acts in accordance with Article 80 to supplement this Regulation by establishing network codes in the following areas:
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(a)
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network security and reliability rules including rules for operational network security as well as reliability rules ensuring the quality of service of the network;
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(b)
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network connection rules including rules on the connection of renewable gas and low-carbon gas production facilities, and procedures for connection requests;
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(c)
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operational procedures in an emergency including system defence plans, restoration plans, market interactions, information exchange and communication tools and facilities;
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(d)
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rules for trading related to technical and operational provision of network access services and system balancing;
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(e)
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energy efficiency of natural gas networks and components as well as energy efficiency with regard to network planning and investments enabling the most energy efficient solution from a system perspective;
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(f)
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cybersecurity aspects of cross-border natural gas flows, including rules on common minimum requirements, planning, monitoring, reporting and crisis management.
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Article 71 2
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2. The Commission may adopt implementing acts establishing network codes in the following areas:
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(a)
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interoperability rules for the natural gas system, implementing Article 21 of this Regulation and Articles 10, 39 and 44 of Directive (EU) 2024/1788, including addressing interconnection agreements, rules on flow control and measurement principles for the quantity of natural gas and gas quality, allocation and matching rules, common sets of units, data exchange, gas quality, including rules on managing cross-border restrictions due to gas quality differences or due to differences in odorisation practices or due to differences in the volume of hydrogen blended in the natural gas system, cost-benefit analyses for removing cross-border flow restrictions, Wobbe Index classification, mitigating measures, minimum acceptance levels for gas quality parameters relevant for ensuring the unhindered cross-border flow of biomethane, for example oxygen content, short- and long-term gas quality monitoring, information provision and cooperation among relevant market participants, reporting on gas quality, transparency, communication procedures including in the case of exceptional circumstances;
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(b)
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capacity-allocation and congestion-management rules implementing Articles 8 to 11 of this Regulation and Article 31 of Directive (EU) 2024/1788, including rules on cooperation on maintenance procedures and capacity calculation affecting capacity allocation, the standardisation of capacity products and units including bundling, the allocation methodology including auction algorithms, sequence and procedure for existing, incremental, firm and interruptible capacity, capacity booking platforms, oversubscription and buy back schemes, short and long-term use-it-or-lose-it schemes or any other congestion-management scheme that prevents the hoarding of capacity;
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(c)
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balancing rules including network-related rules on nomination procedures, rules for imbalance charges, settlement processes associated with the daily imbalance charge and rules for operational balancing between transmission system operators’ systems implementing Articles 8 to 11 of this Regulation and Article 39(5) of Directive (EU) 2024/1788;
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(d)
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rules on harmonised transmission tariff structures implementing Articles 17 and 18 of this Regulation and Article 78(7) of Directive (EU) 2024/1788, including rules on the application of a reference price methodology, the associated consultation and publication requirements including for the allowed or target revenue as well as the calculation of reserve prices for standard capacity products, discounts for LNG terminal and storage, procedures for the implementation of providing a discount for renewable gas and low-carbon gas, including common principles for inter-transmission-system-operator compensation mechanisms pursuant to Article 17(4) and Article 18 of this Regulation, where appropriate;
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(e)
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rules for determining the value of transferred assets and the dedicated charge.
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The implementing acts referred to in the first subparagraph of this paragraph shall be adopted in accordance with the examination procedure referred to in Article 81(3).
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Article 71 3
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3. The Commission shall, after consulting ACER, the ENTSO for Gas, the ENNOH, the EU DSO entity and other relevant stakeholders, establish, every three years, a priority list, identifying the areas set out in paragraphs 1 and 2 to be included in the development of network codes.
If the subject matter of the network code is directly related to the operation of the distribution system and not primarily relevant to the transmission system, the Commission may require the EU DSO entity, in cooperation with the ENTSO for Gas, to convene a drafting committee and submit a proposal for a network code to ACER.
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Article 71 4
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4. The Commission shall request ACER to submit to it, within a reasonable period not exceeding six months of receipt of the Commission’s request, non-binding framework guidelines setting out clear and objective principles for the development of network codes relating to the areas identified in the priority list. The request of the Commission may include conditions which the framework guidelines shall address. Those framework guidelines shall contribute to market integration, non-discrimination, effective competition, and the proper functioning of the market. Upon the reasoned request of ACER, the Commission may extend the period for submitting the framework guidelines.
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Article 71 5
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5. ACER shall consult the ENTSO for Gas, the ENNOH, the EU DSO entity, and other relevant stakeholders with regard to the framework guidelines, for a period of no less than two months, in an open and transparent manner.
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Article 71 6
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6. ACER shall submit framework guidelines to the Commission where requested to do so under paragraph 4.
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Article 71 7
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7. If the Commission considers that the framework guidelines do not contribute to market integration, non-discrimination, effective competition and the proper functioning of the market, it may request ACER to review the framework guidelines within a reasonable period and resubmit it to the Commission.
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Article 71 8
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8. If ACER fails to submit or resubmit framework guidelines within the period set by the Commission under paragraph 4 or 7, the Commission shall develop the framework guidelines concerned.
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Article 71 9
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9. The Commission shall request the ENTSO for Gas or, where provided for in the priority list referred to in paragraph 3, the EU DSO entity in cooperation with the ENTSO for Gas, to submit to ACER, within a reasonable period not exceeding 12 months of receipt of the Commission’s request, a proposal for a network code in accordance with the relevant framework guidelines.
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Article 71 10
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10. The ENTSO for Gas, or where provided for in the priority list referred to in paragraph 3 the EU DSO entity, in cooperation with the ENTSO for Gas, shall convene a drafting committee to assist it in the network code development process. The drafting committee shall consist of representatives of ACER, the ENTSO for Gas, the ENNOH, where appropriate the EU DSO entity, and a limited number of the main affected stakeholders. The ENTSO for Gas or where provided for in the priority list referred to paragraph 3 the EU DSO entity, in cooperation with the ENTSO for Gas, shall develop proposals for network codes in the areas referred to in paragraphs 1 and 2 where so requested by the Commission pursuant to paragraph 9.
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Article 71 11
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11. ACER shall revise the proposal for a network code to ensure that it complies with the relevant framework guidelines and contributes to market integration, non-discrimination, effective competition and the proper functioning of the market, and shall submit the revised network code to the Commission within six months of receipt of the proposal. In the proposal submitted to the Commission, ACER shall take into account the views provided by all involved parties during the drafting of the proposal for a network code led by the ENTSO for Gas or the EU DSO entity and shall consult the relevant stakeholders on the revised version of the proposal for a network code to be submitted to the Commission.
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Article 71 12
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12. Where the ENTSO for Gas or the EU DSO entity have failed to develop a network code within the period set by the Commission pursuant to paragraph 9, the Commission may request ACER to prepare a draft network code on the basis of the relevant framework guidelines. ACER may launch a further consultation for the purpose of preparing a draft network code pursuant to this paragraph. ACER shall submit a draft network code prepared pursuant to this paragraph to the Commission and may recommend that it be adopted.
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Article 71 13
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13. Where the ENTSO for Gas or the EU DSO entity have failed to develop a network code, or ACER has failed to develop a draft network code as referred to in paragraph 12, the Commission may adopt, on its own initiative, or upon the proposal of ACER under paragraph 11, one or more network codes in the areas listed in paragraphs 1 and 2.
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Article 71 14
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14. Where the Commission proposes to adopt a network code on its own initiative as referred to in paragraph 13, the Commission shall consult ACER, the ENTSO for Gas and all relevant stakeholders with regard to the draft network code for a period of no less than two months.
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Article 71 15
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15. This Article shall be without prejudice to the Commission’s right to adopt and amend the guidelines as laid down in Article 74. It shall be without prejudice to the possibility for the ENTSO for Gas to develop non-binding guidance in the areas set out in paragraphs 1 and 2 of this Article where such guidance does not relate to areas covered by a request addressed to the ENTSO for Gas by the Commission. The ENTSO for Gas shall submit any such guidance to ACER for an opinion and shall duly take that opinion into account.
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1.1 Referenser
1.2 Identifierade krav
1.3 Relaterade standarder
2. Identifierade krav
3. Relaterade standarder
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