gdynia, poland, 25 june 2009
DESCRIPTION
15th RCC Meeting. Gdynia, Poland, 25 June 2009. 1.1 Agenda. 1.1 Agenda. 1.2 Approval of the minutes. To be found under: http://www.energy-regulators.eu/portal/page/portal/EER_HOME/EER_INITIATIVES/GRI/South_South_East/Meetings1/RCC_meetings/14supthsup%20SSE%20RCC/AD. 1.3 Review Action Points. - PowerPoint PPT PresentationTRANSCRIPT
Gdynia, Poland, 25 June 2009
15th RCC Meeting
2 Gdynia, Poland, 25th June 2009
1.1 Agenda
Agenda Topics Rapporteur
12:45Arrival and registration
13:001. Opening
- Approval of the agenda
- Approval of minutes of the 14th RCC meeting
- Review of action points
Co-chairs
13:152. PRESENTATION Polish Regulator URE
13.253. Updates Co-chairs
13:454. Review of the Work Programme GRI SSE Co-chairs
3 Gdynia, Poland, 25th June 2009
1.1 Agenda
Agenda Topics Rapporteur
14:005.Guidelines for entering national gas markets Co-chairs
14:456.Review of the agenda & preparation of the 6th SG
meeting
Co-chairs
15:157.Regional Cooperation in the Third Package RCC
16:158.Any other Business RCC
16:30Closure Co-chairs
4 Gdynia, Poland, 25th June 2009
1.2 Approval of the minutes
To be found under:
http://www.energy-regulators.eu/portal/page/portal/EER_HOME/EER_INITIATIVES/GRI/South_South_East/Meetings1/RCC_meetings/14supthsup%20SSE%20RCC/AD
5 Gdynia, Poland, 25th June 2009
1.3 Review Action Points
Action Description Who Status
AP3Circulation of proposal for modified structure of Route Assessment
AEEG ongoing
AP5Circulation of the collected guidelines how to enter national markets
Co-chairs accomplished
AP7Circulation of a brainstorming template on activities in accordance with the Third Package
RCC accomplished
AP8Collection of answers to the request by the Commission on recent developments in SoS and changes in legislation
RCC + Co-chairs
accomplished
AP9Collection of data on storage access and proposal for a common position requesting transparency requirements
Co-chairs ongoing
AP10Invitation of the European Commission for an update on the IGA/Nabucco
Co-chairs ongoing
6 Gdynia, Poland, 25th June 2009
2. Presentation / URE
The Polish Gas Market
7 Gdynia, Poland, 25th June 2009
3. Updates
SSE Regulators Network and recent national developments
• Tauern Gas Pipeline applies for exemption
• On 23 June 2009, Tauerngasleitung GmbH (TGL) has submitted an exemption application under Section 20a of the Austrian Gas Act (Gaswirtschaftsgesetz) (Section 22 Directive 2003/55/EC) with the regulatory authority, the Energie-Control
• Request for a partial exemption (50% of the maximum technical capacity, i.e. 650.000 Nm3/h in both directions) for a period of 25 years
• TGL will launch an “Open Season 2009” which will shortly be announced in European trade publications, in international media and on the TGL website www.tauerngasleitung.at. The TGL Open Season 2009 ends with the conclusion of the transportation service contracts.
• E-Control has already started discussions with BNetzA and AEEG to reach a harmonized decision
8 Gdynia, Poland, 25th June 2009
3. Updates
SSE Regulators Network and recent national developments
• MoU between the Slovak Ministry of Economy and the Austrian Ministry of Economy on the cooperation in the energy sector under discussion
• Joint promotion of reverse flow ability
• Support the ability of short term activation of reverse flows in crisis situations
• Endeavours to deliver oil and gas supplies through national networks and storage facilities in crisis situations
9 Gdynia, Poland, 25th June 2009
GRI SSE -1aSecurity of Supply /Market Integration
Report on enhancing regional market integration through closer cooperation of system operators taking into account
security of supply considerationsEFET & EUROGAS A
Jan 09
Jun
09
GRI SSE -1b
Security of Supply /Regional
Coordination of Investments
Regional investment plan, as stated in Article 12 of the New Gas Regulation, taking into account supply disruption scenarios and proposals to mitigate the effects of such
disruptions
TSOs & EUROGAS A
Jan 09
Jul 10
GRI SSE -1cSecurity of Supply /
BottlenecksReport on bottlenecks which could allow for more flexible gas
flows and improved interconnection between marketsGTE and
ERGEG inputA
Jan 09
Jun
09
GRI SSE -2a
Congestion Management /
Nomination and renomination lead
times
Status report on legal and/or regulatory barriers that hamper harmonisation of nomination and renomination lead times
BOG, eustream, TAG, OMV Gas and Geoplin plinovodii
B
Jan 09
Jun
09
GRI SSE -2bCongestion
Management /Secondary Markets
Assessment report on mechanisms for trading transport capacity on a central online trading platform including the
publication of prices at which transactions have been concluded in an anonymous form
TSOs B
Jan 09
Dec 09
# Issue
Deliverable Timetable
Description Cooperation
Prio
rity in 2009
Statu
s of w
ork
Co
nclu
sion
4. Work Programme 2009
10 Gdynia, Poland, 25th June 2009
4. Work Programme 2009
GRI SSE -2cCongestion
Management /Route Assessment
Assessment report on the application of mechanisms on each part of selected transportation routes with a special focus on the main obstacles to enter each national market/balancing
zone
RCC with contribution of EFET
A
Jan 09
Dec 09
GRI SSE -3 Access to storage
Monitoring report and evaluation of capacity allocation mechanisms and congestion management procedures applied by SSOs in the SSE region against the requirements outlined
by ERGEG (following ERGEG work)
RCC B
Dec 09
Jun
10
GRI SSE -4 TransparencyAssessment of the provision of the necessary data to the GTE+ Transparency Platform by eustream, FGSZ, Geoplin
Plinovodi, Transgaz, Bulgartransgaz and DESFARCC with TSOs B
Jan 09
Jun
e 09
GRI SSE-5aTSO cooperation /
IPAs at Baumgarten
Conclusion of a Service Level Agreement with a central matching provider, the establishment of operational balancing
accounts as well other technical issues in separate agreements
Baumgarten TSOs A
Jan 09
Au
g 09
GRI SSE-5bTSO cooperation /IPAs at other IPs
Monitoring of the conclusion of interconnection agreements between TSOs at all cross-border interconnection points and where suitable also at all other major interconnection points
RCC A
Jan 09
Ap
ril 09
GRI SSE-5cTSO cooperation /
Information Exchange
Report on how to facilitate the access to relevant information for gas transmission in the region especially taking into
account crisis situationsTSOs A
Jan 09
Oct 09
# Issue
Deliverable Timetable
Description Cooperation
Prio
rity in 2009
Statu
s of w
ork
Co
nclu
sion
11 Gdynia, Poland, 25th June 2009
4. Work Programme 2009
GRI SSE-6 Market entry barriersStatus report on the requirements to enter national gas
markets in the region SSERCC A
Oct 08
Ap
ril 09
GRI SSE-7aHub development /Price transparency
Price transparency at hubs EFET; traders C
Jan 09
Jun
e 09
GRI SSE-7bHub development /
CEGH - Gas Exchange
Identification of trading barriers CEGH, EFET; traders A
Jan 09
Sep
t 09
# Issue
Deliverable Timetable
Description Cooperation
Prio
rity in 2009
Statu
s of w
ork
Co
nclu
sion
After small wording amendments and slight changes,
the Work Programme has been circulated among all members
of the Stakeholder groups in mid April.
Example – Central Europe
Preliminary – Final report expected on 15 July 2009
ExampleCzech Republic – Slovak border bidirectional measurement and transport,
Lanžhot + CS Břeclav
Preliminary – Final report expected on 15 July 2009
Project Goal
Crossborder SoS, reverse flow gas compression at CS Břeclav and reverse flow gas metering at BTS Lanžhot (from Czech to Slovakia).
Project Description
The modifications of the pipe yard at Břeclav CS and metering facilities at BDS Lanžhot enable RWE TGN. In case of cut of supplies through Ukraine this would allow the transport of significant amounts direction Slovakia.The well defined transportation routes in case of uninterrupted deliveries from Russia do not allow an economic rationale of the project. Capacity created
in reverse flow 28 mcm/d Project maturity
Ready for implementation
Capital expenditures
1.85 M€ Funds breakdown 2009-2010
Countries involved
Czech Republic, Germany, Slovakia
Commencement of operations
Q4/2010
LanzhotBTS LanzhotCS Břeclav
GTE+ Reverse Flow Study
• Cost recovery ?– in most cases envisaged, no interest from the market for
reverse flow capacity need for an appropriate cost recovery mechanism
• European Energy Programme for Recovery– allows 80 M€ for reverse flow projects– individual projects will be assessed result by end 2009
• Broader question : How to recover costs for infrastructure needed for Security of Supply ?– discussions with ERGEG started– possible involvment of Member States ?
15 Gdynia, Poland, 25th June 2009
How to allocate costs of reverse flow investments appropriately?
1st option: inclusion in tariffs if “negligible” impact
Possible solutions: Inter-TSOs compensations TSO(s) of the Member State benefitting from enhanced security of supply due
to an investment enabling a reverse flow in another MS shall conclude a contract with the investing TSO(s) on the contribution to investment costs which subsequently could be allocated to the consumers benefitting from increased security of supply via network tariffs
TSO(s) of the Member State benefitting from enhanced security of supply due to an investment enabling a reverse flow in another MS shall book reverse flow capacity on a long-term basis with the investing TSO(s) to contribute financially to the investment and to take over the volume/utilisation risk
Role of governments?
4. Regulatory treatment of reverse flow investments
16 Gdynia, Poland, 25th June 2009
How to allocate costs of reverse flow investments appropriately?
Are the proposed mechanisms compatible with national laws/regulations on tariff setting?
Can the proposed mechanisms be regarded as general policy of SSE regulators to support reverse flow investments?
4. Regulatory treatment of reverse flow investments
Gdynia, 25 June 2009
Guidelines for importing and supplying natural gas to
customers
18 Gdynia, Poland, 25th June 2009
1) Initiative
Idea on report derived in November 2008 at the RCC meeting:
• to issue templates on how Traders and Shippers could enter each gas market
• to avoid information asymmetries
• As, according to PwC Study:
• administrative ând regulatory impediments to market access exist (no english versions of documents available)
• the period of time required for obtaining a trading licence is a significant barrier to gas trading in many countries
• To gather requested information:1. National Authority & Legal Basis for the issuing of trading licences
a. For the delivery of natural gas at the borderc. Selling natural gas directly to a customerd. Supplying balancing energye. Transit through the national market
2. Procedure & Timetable3. Costs4. Additional Information
19 Gdynia, Poland, 25th June 2009
2) Participation
CountryNational
Authority & Legal Basis
Delivery at the Border
Selling directly to customers
Balancing energy
Transit through the
country
Procedure & Time table
Balancing Regime
Administrative Costs
Austria
Bulgaria
Czech Republic
Italy
Poland
Slovenia x x
20 Gdynia, Poland, 25th June 2009
3) National Authority & Legal Basis
1. Austria: • “Natural Gas Act” / E-Control is competent authority
2. Bulgaria:• “ Energy Act“ / SEWRC is competent authority
• Only a single licence each for transmitting, distributing and storing natural gas to be issued
3. Czech Republic:• “Energy Act (Act on the Conditions for Business and State Administration in the Energy Industries)” / ERU is competent authority
• Trading activities according to public notice “Rules for the organisation of the gas market”
4. Italy: • “Natural Gas Act Decreto legislativo 23 maggio 2000 n. 164” (d.lgs 164/00)”
5. Poland:• Energy Law Act from 10th of April 1997 - The President of the ERO responsible for: issuing new licences for market entrants, licensing
entrepreneurs of energy markets, approval of tariffs (distribution, transmission and trade), control of energy activity, promotion of competition
• For TSO / 6 DSOs: transmission/distribution network & deals with balancing and system congestion management
6. Slovenia:• “Energy Act”, Energy Agency of Slovenia is competent authority to issue trading licenses
• General conditions for the supply and consumption of natural gas from the transmission network have to be obeyed
21 Gdynia, Poland, 25th June 2009
a) Requirements for the delivery
of natural gas at the border 1. Austria:
• delivery contract at the entry or delivery point
• Service Agreement with the Hub Operator at the entry point
• Contract with a retailer/supplier, already member of a Balance Group
• The representative of the Balance Group nominates “external schedules”
2. Bulgaria:• Natural gas extraction companies may conclude transactions for transmitting, distribution and storing gas with the licenced companies
• Natural gas extraction companies may construct direct natural gas pipelines between each other and to the cunstomers
3. Czech Republic• Gas Transmission agreement with TSO (incl. Balancing)
• Proof of financial elegibility
• Imported gas can be sold at Virtual Trading Point
4. Italy • Authorization to import natural gas if the gas is produced in non UE countries. In this case the supplier must dispose of a volume of strategic storage equal
to 10% of the annual volume of the gas he plans to import;• dispose of adequate transmission capacity if the gas is delivered within the Italian network (see section 2.c for the prerequisite regarding access to the
network);
5. Poland• A supply and delivery contract at the entry or delivery point.• Natural Gas volumes can also be transported to the entry point at the Polish border via own transport capacities. In this case licence for foreign trade
activity is required, granted by the President of the ERO. Also an agreement with TSO for natural gas transport service is needed
6. Slovenia An access contract for access to transmission network Supply contract at the entry or delivery point Balancing contract with the transmission system operator The representative of the Balance Group nominates the intake at the entry point for which the corresponding nominations must be made
22 Gdynia, Poland, 25th June 2009
b) Requirements for selling
natural gas directly to a customer
1. Austria: • requirements as in point a)• Notification of trading activities to ECG via letter / business licence (Trade Law)• Establishment of a new Balance Group / Membership in existing• Acquirement of new customers according to switching order• Allocation of capacities at entry points & Risk for allocated and nominated volumes born by Balance Group Representative
2. Czech Republic:• Gas Transmission Agreement with TSO. Conditions - see a1.• Booked transmission capacity for exit point or points.• Acquirement of new customers respecting the „Switching a supplier“ rules.• Gas distribution Agreement with relevant Distribution System Operator
3. Italy: Seller must dispose of the gas volumes modulation capacity required by its customers & demonstrate the origin of the gas and the reliability of the
transmission system; dispose of adequate technical and economical capacity.
4. Poland: Selling natural gas according to the Polish Energy Law Act require a licence granted by the President of the ERO (exemption: if annual turnover value does
not exceed the equivalent of EUR 100,000) Licence for foreign trade activity granted by the President of the ERO. Gas shall be delivered upon prior connection to the grid, on the basis of a sale agreement and an agreement on transmission or distribution services Sale agreement, Transmission or distribution agreement, Transportation contract from entry to exit point, Licence for distributinon of natural gas activity,
Agreement with SSO
5. Slovenia: Supply contract with the customers An access contract for access to distribution and/or transmission network Balancing contract with the representative of Balance group Licence for supplying
23 Gdynia, Poland, 25th June 2009
c) Requirements for supplying balancing energy
1. Austria:• See delivery to final customers• AGGM / AGCS – Merit Order lists – hourly imbalance results in
2. Bulgaria:• Supplier needs to be registered under the Commercial Code or under the national legislation thereof• Balancing agreement with transmission company
3. Czech Republic:• The responsibility for imbalance can be contractually transferred to another cleared entity (a user for whom the transmission system operator
carries out imbalance evaluation, clearing and settlement under a contract).
4. Italy: Applicant must have, in order to book transmission capacity, the relevant purchase, supply or service (for storage) contracts with reference to the
point of the network to which he asks for capacity; have, in the case of requests referred to entry points interconnected with foreign countries, an import contract compatible with the amount and
duration of the capacity requested in that point; he must declare the country where the gas is produced, and, if required by the above mentioned regulation, he must be authorized to import natural gas; declare the possession of prerequisite for priority of access according to the criteria defined in the deliberation n. 137/02;
present financial guarantees for the amount of 3% of the annual cost of the capacity booked plus, if no adequate financial rating one third of the annual cost of the same capacity;
in case of direct supply to final customers, possession of the relevant authorization
5. Poland:• TSO purchases gas for balancing the system from direct suppliers of gas• TSO may select suplpier by tender or auction• In justified cases, the TSO may purchase gas directly form the shippers• Settlement at the end of each gas month (charge=absolute value of imbalance x gas reference price)
24 Gdynia, Poland, 25th June 2009
d) Transit through the national market
1. Austria:• Regulated by E-Control (Terms & conditions on homepage)• Shippers obliged to use a central trading platform for resellling capacity rights
2. Bulgaria:• Agreement with national transmission company at regulated tariffs
3. Czech Republic:• No ERO license is needed.• Gas Transmission Agreement with TSO, Transit Pricelist and Grid Code for Transit are available online
4. Italy:• same recalled at point 2.c.• In the case the shipper has no delivery point in the Italian market, but only capacity at an entry point and capacity in an exit point interconnected
with foreign systems he is generally balanced as long as the volume of gas injected equals the volume of gas withdrawn.
5. Poland:• Transmission services by SGT EuRoPol SA to PGNiG SA and OOO „Gazprom Export“ through agreement on transmission capacities• Transmission tariff set by ERO
6. Slovenia:• An access contract for access to transmission network
25 Gdynia, Poland, 25th June 2009
4) Procedure & Timetable
1. Austria: Few weeks (depends on registration with AGCS or A&B)
2. Bulgaria: Few weeks to months depending on kind of activity
3. Czech Republic:• several weeks. Maximal period for issuing of license for gas trading is 30 days• Users shall submit a request for transmission capacity booking for one or more years to the transmission system
operator no later than 18 calendar days before the beginning of the first gas day of the calendar month in which gas transmission is to be started
4. Italy: import natural gas must be presented to the MSE three month in advance with respect to the start of the importation
(one month in the case the authorization is asked for a period shorter than one year); supply final customers must be presented to the MSE six month in advance with respect to the start of the activity; the
applicant is considered authorized if the MSE doesn’t deny within three months from the request. Transmission capacity at the entry points interconnected with foreign countries is granted for period of a month up to
seven thermal years (from 1 October to 30 September), in all the other cases, for the period of one thermal year
5. Poland:• Standard transmission contract on TSO website (draft contract within 40 working days)• Reply within 15 working days by applicant• Signed contract from TSO within 5 Working days (status as shipper for applicant)
6. Slovenia:• Acquisition of licence procedure can be reduced to a few days
26 Gdynia, Poland, 25th June 2009
5) Costs
1. Austria:• No licence fees, costs for data-services of AGCA or A&B and for legal advice and translations
2. Bulgaria:• Initial licence fees for the transmission, distribution and transit transmission license of natural gas
3. Czech Republic:• The fee for issuing the license for trading is 100 000,- CZK (approx. 4000 EUR)• Individual costs for legal advice and translation
4. Italy:• Tariffs for transmission and storage services are defined and approved by AEEG and published in the TSOs and SSOs websites• For the authorizations is required a modest amount of stamp duties
5. Poland:• Fees equal to revenues and according to a fee index (attached)• Fees not lower than PLN 200 or higher than PLN 1 000,000 (march 31st)
6. Slovenia: Energy Agency of the Republic of Slovenia does not request any licence fees There is also no other special costs which have to be paid to start importing & supplying natural gas There are financial instruments for insurance of payment of network charge
27 Gdynia, Poland, 25th June 2009
6) Additional Information contained
1. Austria: • Balancing Market in brief, further links to market rules and market participants
2. Bulgaria: • Balancing Market in brief, further links to market rules and market participants
3. Czech Republic: • Balancing Market in brief, information on Czech Gas industry, further links to market rules and market participants
4. Italy: • Balancing Market in brief, further links to market rules and market participants
5. Poland: • Information on obligatory gas reserves, Balancing Market in brief, further links to market rules and market participants
6. Slovenia:• links to market participants
28 Gdynia, Poland, 25th June 2009
6. Review of the agenda & preparation of the 6th SG meeting
Agenda Topics Rapporteur
08:45 Arrival and registration
09:00 1. Opening- Approval of the agenda- Approval of minutes of the 6th IG Meeting- Review of action points
Co-chairs
09:20 2.PRESENTATION Polish TSO (GAZ-SYSTEM SA.) and Polish Oil and Gas Company (PGNiG SA.) TSOs; PGNiG SA.
10:00 3.Updates- Answer to DG TREN on short-term measures- Guidelines for entering national gas markets
Co-chairs
10:45 4.Update GIE:- GTE+ Transparency Platform- 10 year European network development statement
GIE
11:00 5.Congestion Management: Lead and Renomination Times
TSOs
29 Gdynia, Poland, 25th June 2009
6. Review of the agenda & preparation of the 6th SG meeting
Agenda TopicsRapporteur
11:15 6. Development of the CEGH GasExchange CEGH
11:30 7. Update OBAs at the Interconnection Point
Baumgarten
TSOs
11:45 8. Updates IPAs at other IPs TSOs
12:15 Break
13:00 9. Implementing the Caspian Development
CorporationCERA
13:40 10.Any other Business Co-chairs
14:00 Closure Co-chairs
Lunch
30 Gdynia, Poland, 25th June 2009
6. Answer to DG TREN on s-t SOS measures
Preparation of national emergency mechanisms
- Austria: amendment to the Energy Emergency Data Order for Gas will be
adopted by 1 July 2009
- Czech Republic: the process on how to execute supply restrictions will be
defined by DSOs and TSOs
- Hungary: change of restriction categories on the basis of discussions with
stakeholders is forseen
- Slovakia: amendments to the Energy Act and Regulation in force since
15 March 2009, with an extension of powers of the Ministry of Economy
related to the underground storage capacity
31 Gdynia, Poland, 25th June 2009
6. Answer to DG TREN on s-t SOS measures
Crisis management mechanisms and their implementation
- Czech Republic: more precise definitions of „State of emergency“ and
„Preventing a state of emergency situations“ in the secondary legislation are
needed for making emergency mechanisms fully operational
- Greece: DESFA to draft and submit an emergency plan to be approved by the
Minister for Economic Affairs with the simple advice from the Greek regulator
(RAE)
Access to strategic storage
- Hungary: the process on how gas in strategic storage can be accessed will be
further clarified. A change in the respective legislation is foreseen to enable
the TSO to nominate strategic stocks.
32 Gdynia, Poland, 25th June 2009
6. Answer to DG TREN on s-t SOS measures
Reverse flows
- A list of possible reverse flow investments has been indicated
- Germany – Austria
- Austria – Slovakia
- Italy – Slovenia – Austria
- Greece – Bulgaria
- Turkey – Bulgaria
- Romania – Bulgaria
- Romania – Bulgaria / Romania Hungary
European Economic Recovery Plan
- Timing issues for accessing funds and the related award have been raised
33 Gdynia, Poland, 25th June 2009
6. Updates IPAs at other IPs
34 Gdynia, Poland, 25th June 2009
Survey on TSO´s coordination activities at IPs - map
14 5
6
7
3
89 1011
2
12
13
14 15
16
17
18
19
20
21 222324
25
26
27
28
29
30
31
Others
OBA in preparation
OBA
Legend:
35 Gdynia, Poland, 25th June 2009
7. Regional Cooperation in the Third Package
Amended Regulation (EC) 1775/2005
Article 12Regional cooperation of transmission system operators
1. Transmission system operators shall establish regional cooperation within the ENTSO for Gas to contribute to the tasks referred to in Article 8(1), (2) and (3). In particular, they shall publish a regional investment plan every two years, and may take investment decisions based on that regional investment plan.
2. Transmission system operators shall promote operational arrangements in order to ensure the optimum management of the network and shall promote the development of energy exchanges, the coordinated allocation of cross-border capacity through non-discriminatory market based solutions, paying due attention to the specific merits of implicit auctions for short term allocations and the integration of balancing mechanisms.
For the purpose of achieving the goals set in paragraphs 1 and 2, the geographical area covered by each regional cooperation structure may be defined by the Commission, taking into account existing regional cooperation structures. Each Member State shall be allowed to promote cooperation in more than one geographical area. The measure referred to in the first sentence, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 28(2).
36 Gdynia, Poland, 25th June 2009
7. Regional Cooperation in the Third Package
Amended Directive 2003/55/EC
Article 6: Regional solidarity
1. In order to safeguard a secure supply on the internal market in natural gas, Member States shall cooperate in order to promote regional and bilateral solidarity.
2. Such cooperation shall cover situations resulting or likely to result in the short term in a severe disruption of supply affecting a Member State. It shall include:
(a) coordination of national emergency measures referred to in Article 8 of Council Directive 2004/67/EC of 26 April 2004 concerning measures to safeguard security of natural
gas supply[1];
(b) identification and, where necessary, development or upgrading of electricity and natural gas interconnections; and
(c) conditions and practical modalities for mutual assistance.
3. The Commission and the other Member States shall be kept informed of such cooperation.
4. The Commission may adopt guidelines for regional cooperation in a spirit of solidarity. Those measures, designed to amend non‑essential elements of this Directive by supplementing it, shall be adopted in
accordance with the regulatory procedure with scrutiny referred to in Article 50(3).
37 Gdynia, Poland, 25th June 2009
7. Regional Cooperation in the Third Package
Amended Directive 2003/55/EC
Article 7:
Promotion of regional cooperation
1. Member States as well as the regulatory authorities shall cooperate among themselves for the purpose of integrating their national markets at one and more regional levels, as a first step towards a fully liberalised internal market. In particular, the
regulatory authorities where Member States have so provided, or Member States shall promote and facilitate the cooperation of transmission system operators at a regional level, including on cross-border issues, with the aim of creating
a competitive European market, foster the consistency of their legal, regulatory and technical framework and facilitate integration of the isolated systems forming gas islands that persist in the European Union. The geographical areas covered
by such regional cooperation shall include cooperation in geographical areas defined in accordance with Article 12(3) of Regulation (EC) No …/…*. Such cooperation may cover other geographical areas.
1a. The Agency shall cooperate with national regulatory authorities and transmission system operators to ensure the compatibility of regulatory frameworks between the regions with the aim of creating a competitive European market in
natural gas. Where the Agency considers that binding rules on such cooperation are required, it shall make appropriate recommendations.
2. Member States shall ensure, through the implementation of this Directive, that transmission system operators have one or more integrated system(s) at regional level covering two or more Member States for capacity allocation and for checking the
security of the network.
3. If vertically integrated transmission system operators participate in a joint undertaking established for implementing such cooperation, the joint undertaking shall establish and implement a compliance programme which sets out the measures to be taken to ensure that discriminatory and anticompetitive conduct is excluded. That compliance programme shall set out the specific obligations of employees to meet the objective of excluding discriminatory and anticompetitive conduct. It shall
be subject to the approval of the Agency. Compliance with the programme shall be independently monitored by the compliance officers of the vertically integrated transmission system operators.
38 Gdynia, Poland, 25th June 2009
Identification of 3rd P. topics
• Requirements on TSOs and Member States to cooperate on a regional level
• How to better involve Ministries in the Regional Initiatives?
• Representation of all Ministries in the SAP meetings?
• MoU between the Ministries on regional cooperation (see GasPlatform in NW Europe)?
• Regional ministerial councils (see Energy Community)?
• Regional cooperation of TSOs and Regional Initiatives?
• TSOs to form regional structure within ENTSOG?
• Regional structure within ACER?
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8. Any other Business
Next Meeting:
• Date: RCC/SAP 15 & IG 16 October 2009
• Venue: Vienna
40 Gdynia, Poland, 25th June 2009
Contact
Konstantin HeillerGas Department
+43 1 24 7 24 810
+43 664 966 7239
www.e-control.at
41 Gdynia, Poland, 25th June 2009
Sightseeing tour & dinner
Sightseeing tour in Gdańsk (starts 18.00) from the hotel
Dinner at 20.00 – Café & Restaurant Red Door in the heart of the Old Town of Gdańsk
42 Gdynia, Poland, 25th June 2009
Further information is available at
www.energy-regulators.eu
Thank You !