Tom Maes, ERGEG Gas Working Group 19th Madrid Forum 21 March 2011 Transit contracts.
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Transcript of Tom Maes, ERGEG Gas Working Group 19th Madrid Forum 21 March 2011 Transit contracts.
Tom Maes, ERGEG Gas Working Group19th Madrid Forum21 March 2011
Transit contracts
219th Madrid Forum, 21-22 March 2011
Agenda
• Background• Enquiry of the TSOs
• Set-up• Results
• Response of the Commission• Way forward
319th Madrid Forum, 21-22 March 2011
Background
• Gas transit is crucial• Depleting indigenous sources calls for additional and
diversified imports;• Fragmented and monopolistic markets need to be
interconnected;• Bidirectional flows increase security of supply.
• 18th Madrid Forum invited ERGEG to provide• an overview per Member State of the transit contracts
which are still in force;• a proposal as to how these contracts will be brought
in line with the provisions.
419th Madrid Forum, 21-22 March 2011
Enquiry – Set-up
• Letter sent to 32 ENTSOG members
• As not to exclude any type of contract
• Intentionally open definition
• Two general questions
• Two reminders, one with copy to NRA
• Response of 29 TSOs
519th Madrid Forum, 21-22 March 2011
Enquiry – Results / Legal Analysis
• Directive 2003/55/EC allowed a limited number of contracts to persist under the terms
of Directive 91/296
• As from 1 July 2006 (Regulation 1775/2005) access based on non-discriminatory,
transparent and cost reflective tariffs is fully applicable to the so-called (historical)
transit contracts
• Regulation 715/2009
• From 3 March 2011 tariffs shall be set separately for every entry and exit point;
• By 3 September 2011, network charges shall not be calculated on the basis of contract paths.
619th Madrid Forum, 21-22 March 2011
Enquiry – Results / TSO responses
• Collected data is not complete and potentially ambiguous
• Only few TSOs acknowledge holding transit contracts
• Even less assume possible conflicts with European law
• No legal obligation to provide this information to ERGEG
• Not all NRAs have access to this kind of data
Num
ber
Coun
try
code
Com
pany
logo
Com
pany
nam
e
Answ
er re
ceiv
ed?
Hold
s tra
nsit
cont
ract
s?
Mor
e sp
ecifi
cally
, hol
ds tr
ansit
co
ntra
cts w
ithin
the
scop
e of
the
Tran
sit D
irecti
ve 9
1/29
6/EE
C?
Whe
n w
ill th
ese
cont
ract
s be
br
ough
t in
line
with
EU
law
?
- At e
xpira
tion
of co
ntra
cts
- By
3 M
arch
201
1
- Aft
er tr
ansp
ositi
on o
f 3rd
Pac
kage
Mak
es n
o di
stinc
tion
betw
een
dom
estic
tran
spor
t and
"tra
nsit"
?
Ope
rate
s an
entr
y-ex
it sy
stem
for a
ll tr
ansm
issio
n ca
paciti
es?
Appl
ies r
egul
ated
tariff
?
Have
neg
otiati
ons w
ith
coun
terp
artie
s sta
rted
yet
?
1 ATBOGBaumgarten-Oberkappel Gasleitungsgesellschaft m.b.H
Y N N
2 AT OMV Gas GmbH Y N N N
3 ATTAG GmbH(Trans Austria Gasleitung GmbH)
Y N N N
4 BE Fluxys Y Y Y
719th Madrid Forum, 21-22 March 2011
Enquiry – Results / Suggestions
• Commission takes every opportunity to
• Address this issue;
• Pursue existing or open new infringement procedures;
• Cooperate with NRAs both in preliminary and litigation procedures.
• Commission further analyses this issue under the auspices of ACER.
819th Madrid Forum, 21-22 March 2011
Response of the Commission
• Shared view that elimination of transit contracts not compliant with EU law is
needed for achieving internal market;
• Follow-up needed on this issue;
• Additional assessment by ERGEG is necessary pinpointing for which
countries/TSOs it continues to have doubts.
919th Madrid Forum, 21-22 March 2011
Way forward
• Assistance of respective NRAs is needed for sound evidence
• Double scope
• Does the same regulated tariff / methodology apply for all transmission activities without exception for
border-to-border transmission?
• Does the same capacity allocation methodology apply at cross-border interconnection points irrespective
of the origin or destination of the gas? Is this organised in a fully decoupled entry-exit model?
1019th Madrid Forum, 21-22 March 2011
Thank you for your attention!
www.energy-regulators.eu