There is currently a heterogeneous approach to tariff setting for gas transmission services among EU Member States. This makes using EU gas transmission networks more complex for network users, can lead to inefficient use and development of the transmission networks, and, potentially, to inefficient gas trades. By defining a set of common parameters, based on economic principles, for all aspects of tariff setting, and a common set of requirements on the publication of data relating to each stage in the process, the Tariff FG, and subsequent Network Code, is intended to improve the efficiency of gas trade and competition, which is a key objective of the Third Package.
At the Madrid Forum in September 2011, the Agency was asked to scope a project with the aim of harmonising gas transmission tariff structures within the EU. This was followed, in June 2012, by a letter from the European Commission to the Agency asking it to develop Framework Guidelines on rules regarding harmonised transmission tariff structures for gas ('Tariff FG').
With assistance from an appointed expert group of stakeholders, since 2012, the Agency has undertaken a number of public consultations and industry events on the draft Tariff FG. This included a consultation on the scope (February - March 2012); a consultation on an initial draft (September - November 2012), a workshop on 24 January 2013 and an ‘Open House’ event in February 2013 where the agency shared the changes it proposed to the initial draft, with stakeholders.
In March 2013, the European Commission requested the Agency to extend the scope of the Tariff FG to include more specific aspects related to tariff methodologies. Consequently, the Commission agreed to extend the deadline for submission of the Framework Guidelines to 30 November 2013. In April 2013, the Board of Regulators (BoR) informally endorsed the draft Framework Guidelines with the exception of the cost allocation chapter. In July 2013 the Agency consulted on the revised cost allocation chapter and added concepts relating to incremental tariff setting after the Agency took over the incremental process from CEER. Two industry events were held on the consultation documents: one on the 7 August 2013 (Q & A session), and a workshop on 3 September 2013. The consultation closed on 17 September and 41 responses were received.
In November 2013 a revised Framework Guidelines on Harmonised Gas Transmission Tariff Structures, incorporating the cost allocation chapter, including incremental tariffs was presented to the BoR. Following written procedure, the Framework Guidelines received a favourable opinion from the BoR, and the Agency Director submitted it to the European Commission by the official deadline.
On 31 March 2014 the Agency published its justification document accompanying the Framework Guidelines on rules regarding Harmonised transmission tariff structures. The Agency invited ENSTOG and its members to expand the current justification document with additional evidence, underpinning all the points where the Network Code developed by ENTSOG completes or amends the policy options of the FG and the published accompanying document.
Based on these Framework Guidelines and following a series of stakeholder workshop, ENTSOG established the Initial Draft Network Code on Harmonised Transmission Tariff Structures for Gas, which was published on 30 May 2014 for public consultation until 30 July 2014. The Agency also evaluated the Initial Draft Network Code in the Consultation Workshop of ENTSOG on 25 June 2014. At the end of this process, ENTSOG formally submitted the final draft Network Code to the Agency on 26 December 2014.
The Agency issued its Opinion on the Network Code on Harmonised Transmission Tariff Structures for Gas on 26 March 2015. ENTSOG resubmitted the revised Network Code to ACER on 31 July 2015. The Agency has not recommended the Network Code to the European Commission, absent the favourable opinion of the Board of Regulators.
The following year, the Gas Committee voted the draft Network Code on 30 September 2016. The Network Code was published in the Official Journal of the EU under COMMISSION REGULATION (EU) 2017/460 of 16 March 2017 establishing a network code on harmonised transmission tariff structures for gas.
By 5 July 2017, the Agency developed a template for the consultation documents (Article 26(5) of the code) and published it on its website, as foreseen by the recently adopted legislation.
COMMISSION REGULATION (EU) 2017/460 establishing a network code on harmonised transmission tariff structures for gas
ACER Consultation Template. Tariff NC Article 26(5)
ENTSOG Network Code TAR NC for re-submission to ACER
ACER Opinion on the Network Code on Harmonised Transmission Tariff Structures for Gas ENTSOG Network Code for ACER Reasoned Opinion
Assessment of Policy Options, Justification document accompanying the Framework Guidelines on rules regarding Harmonised transmission tariff structures
ENTSOG dedicated website on incremental capacity
ENTSOG NC on tariffs development process
EC invitation letter to ENTSOG to draft a Network Code on Tariff Structures in Gas Transmission Networks
ACER Decision 01-2013 on Framework Guidelines Gas Tariffs
Framework Guidelines on Harmonised Gas Transmission Tariff Structures
Impact assessment of policy options on incremental capacity for EU gas transmission (Frontier Economics)
Second Public Consultation on Tariffs, Table of responses for public consultation on tariffs (18 July – 17 September 2013) and Evaluation of responses
Draft Framework Guidelines on rules regarding harmonised transmission tariff structures for gas as informally endorsed by the Board of Regulators, of 16 April 2013
Exchange of letters about the scope between EC and ACER (i) EC letter and ACER answer of March 2013, (ii) ACER letter to the EC, 24 April 2013, (iii) EC letter confirming the deadline extension until 30 November 2013
The Responses received in the Open house (4 February 2013)
Public consultation on the draft Framework Guidelines on rules regarding harmonised transmission tariff structures for gas (5 September - 5 November 2012) - Evaluation of responses
EC invitation letter to ACER (June 2012)
Public Consultation on Scope and main policy options for Framework Guidelines on Harmonised transmission tariff structures (February 2012) - Evaluation of responses
The joint “Gas Network Codes Functionality Platform” is available at www.gasncfunc.eu.
On the platform all relevant parties can notify implementation and operational issues related to the gas Network Codes and Guidelines in force.
Agency for the Cooperationof the Energy Regulators
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