Natural Gas. Directive 2009/72/EC Regulation (EU) No 715/2009 Commission decision 2010/685/EU Regulation (EU) No 994/2010.

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1 Natural Gas Directive 2009/72/EC Regulation (EU) No 715/2009 Commission decision 2010/685/EU Regulation (EU) No 994/2010 Peter Pozsgai Unit B2 - Internal Market II: Wholesale energy markets European Commission, DG

2 Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in gas and repealing Directive 2003/55/EC Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 Commission decision 2010/685/EU of 10 November 2010 amending Chapter 3 of Annex I to Regulation (EC) No 715/2009 of the European Parliament and of the Council on conditions for access to the natural gas transmission networks

3 Interpretative notes published in January 2010 The Unbundling Regime Third-Party Access to Storage Facilities Retail markets The Regulatory Authorities notes/interpretative_note_en.htm

4 Basic elements A high standard of public service obligations and customer protection Structural separation between transmission activities and production/supply activities of vertically integrated companies («unbundling») Stronger powers and independence of national energy regulators Rules on Third Party Access to gas storage facilities New tools to harmonize market and network operation rules at pan-european level "network codes" A new institutional framework: ACER and the ENTSOs

5 A high standard of public service obligations and customer protection Enable supplier switching (within 3 weeks, free of charges) Rules on the Terms and Conditions of contracts Single point of contact consumers' rights, legislation and means of dispute settlement Efficient complaint handling procedure Independent mechanism e.g. energy ombudsman or a consumer body Definition of vulnerable customers

6 Structural separation between transmission actitivies and production/supply activities of vertically integrated companies («unbundling») Three possible models: 1. Ownership unbundling (OU) 2. Independent System Operator (ISO) 3. Independent Transmission System Operator (ITO) Why is unbundling so important? Non-discriminatory access to networks is an essential condition to allow fair competition between suppliers To stimulate investment in infrastructure, also when e.g. new interconnectors may negatively impact on the market share of the vertically related supplier

7 Ownership unbundling Supplier No control Only minority shareholding Dividends allowed No voting rights No appointment of administrators TSO Owns network Manages network

8 ISO Vertically integrated undertaking Supplier Network owner (network leased to ISO) ISO Network operator (incl. investment decisions) + stricter regulation and permanent monitoring (e.g. NRA approval of investment planning)

9 ITO Vertically integrated undertaking Supplier Supervisory Body Independent management Compliance officer TSO Network owner and operator + heavy regulation and permanent monitoring

10 Structural separation between transmission activities and production/supply activities of vertically integrated companies («unbundling») Unbundling of SSOs Article 15 of the Gas Directive: Legal and functional unbundling of storage system operators Certification of TSOs Strong role for the national regulatory authority European Commission decision on each individual certification

11 Stronger powers and independence of national energy regulators Designation and independence of regulatory authorities General objectives of the regulatory authority Duties and powers of the regulatory authority Regulatory regime for cross border issues Compliance with the Guidelines Record keeping

12 Third Party Access to gas storage facilities Article 33 of the Gas Directive spells out the obligation to define and publish criteria These criteria will determine whether TPA is technically and/or economically necessary whether ntpa or rtpa will apply Criteria to be defined by Member States or NRAs to be applied by Member States, NRAs, or SSOs (strictly, i.e. no discretion) NRA to monitor correct application

13 Third Party Access to gas storage facilities Publication of criteria which storage facilities are offered under ntpa and rtpa

14 "Network codes" ENTSO Commission Agency ENTSO Work Programme Agency Commission Preparation of framework guidelines 6 m (extensible) Framework guidelines 12 m Preparation of network codes Commission Draft code Agency Opinion 3 m Commission Comitology ~ 12 m Legally binding codes

15 "Network codes" already in place Congestion Management Procedures - Commission Decision on amending Annex I to Regulation (EC) No 715/2009 on conditions for access to the natural gas transmission networks Capacity Allocation Mechanism - Commission Regulation (EU) No 984/2013 of 14 October 2013 establishing a Network Code on Capacity Allocation Mechanisms in Gas Transmission Systems and supplementing Regulation (EC) No 715/2009 Balancing - Commission Regulation (EU) No 312/2014 of 26 March 2014 establishing a Network Code on Gas Balancing of Transmission Networks Text with EEA relevance

16 "Network codes" to come Interoperability Tariffs

17 "New" elements Regional solidarity and promotion of reg. coop. Certification in relation to Third Countries ITO, ISO TYNDP Transparency Objectives of NRAs Regulatory regime for cross-border issues Retail markets

18 Transparency - Commission decision 2010/685/EU Definition of the technical information necessary for network users to gain effective access to the system Definition of all relevant points for transparency requirements Information to be published and time schedule

19 Security of gas supply Regulation (EU) 994/2010 of the European Parliament and of the Council of 20 October 2010 concerning measures to safeguard security of gas supply and repealing Council Directive 2004/67/EC

20 Gas: Implementation of Reg. 994/2010 Uniform definitions Common minimum standards Harmonized analytic framework Transparency Competent Auth. Protected Cust. Supply standard Infrastructure st. Risk Assessment Preventive Act. Plan Emergency Plan IGAs Aggregated data of commercial contracts PSOs

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22 Risk assessment Preventive Action Plans (PAP) Emergency Plans (EP) Consultation between competent authorities and Commission (ENTSOG, NRAs, ACER) Published and notified to the Commission Assessment by the Commission: Compliance with EU law Solidarity Mitigation of risks Commission can require changes to the Plans

23 . Coordinated response in case of crisis: o Three crisis levels: a) EWM; b) alert; c) emergency o Union / Regional Emergency: Declaration by the EC at the request of 1 Competent Authority (optional), at request of 2 Competent Authorities (obligatory) once they declared national emergency o Coordination of actions / monitoring and policing by the EC o Gas Coordination Group remains expert group

24 . Transparency and information exchange:» Publication of PSOs» Publication of PAP & EP» Information on gas contracts: 1) IGAs 2) Details of gas contracts > 1 year with third countries. Reporting requirements to ensure availability of data in the event of emergency

25 Role of the Commission: Union / Regional Emergency Decision on reverse flows Assessment by the Commission of PAPs and EPs Binding recommendations by Commission on PAPs Commission recommendation to establish regional plans Assessement of the SoS situation at EU level

26 Thank you for your attention!