Commission Regulation (EU) No 312/2014 of 26 March 2014 establishing a Network Code on Gas Balancing of Transmission Networks Text with EEA relevance

Type Regulation
Publication 2014-03-26
Last updated 2026-04-15
State In force
Department European Commission
Source EUR-Lex
articles 53
Reform history JSON API
8.

The tolerance level may include a component calculated taking into account the application of the deviation of the forecast of a network user’s non daily metered off-takes which is the amount by which the relevant forecast:

(a) exceeds the allocation for non daily metered off-take in case the daily imbalance quantity is positive;

(b) is less than the allocation for non daily metered off-take in case the daily imbalance quantity is negative.

CHAPTER XI

FINAL AND TRANSITIONAL PROVISIONS

Article 51
Release of surplus transmission system operator’s flexibility
1.

Where long term contracts for the procurement of flexibility in force at the date of entry into force of this Regulation provide the transmission system operator with a right to off-take or input specified volumes of gas, the transmission system operator shall aim to reduce these amounts of flexibility.

2.

While determining the amount of surplus flexibility available for input or off-take under a long term contract in force, the transmission system operator shall take into account the use of the short term standardised products.

3.

The surplus flexibility may be released either:

(a) pursuant to the terms and conditions of the existing contract where it contains provisions permitting to reduce the gas quantity committed and/or to terminate the existing contract; or

4.

Where the contract in force provides for reducing the flexibility by amounts consistent with the surplus availability, the transmission system operator shall reduce such flexibility as soon as reasonably possible as from the entry into force of this Regulation or as soon as the existence of the surplus can be established.

5.

The transmission system operator shall consult stakeholders on specific proposals to be implemented as interim measures for release of any surplus flexibility under a long term contract in force.

6.

The transmission system operator shall publish information on its balancing actions undertaken pursuant to the long term contract in force.

7.

The national regulatory authority may set targets for the proportion by which the long term contracts should be reduced in order to increase the liquidity of the short term wholesale gas market.

Article 52
Transitional provisions
1.

The national regulatory authority may allow the transmission system operator, based on its justified request, to comply with the provisions of this Regulation within a twenty four-month period as from 1 October 2014, provided no interim measure referred to in Chapter X is implemented by the transmission system operator. In case the national regulatory authority makes use of this possibility, this Regulation shall not apply in the balancing zone of that transmission system operator to the extent and for the duration of the transitional period laid down in the decision of the national regulatory authority.

2.

The national regulatory authority shall take and publish a motivated decision in accordance with paragraph 1 within three months following the receipt of such a request. Such a decision shall be notified, without delay, to the Agency and the Commission.

Article 53
Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Without prejudice to Articles 28, 33(5), 38(1), 45(4), 46(3), 51 and 52 this Regulation shall apply as from 1 October 2015.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 March 2014.

For the Commission The President José Manuel BARROSO

(1) OJ L 211, 14.8.2009, p. 36.

(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 natural gas and repealing Directive 2003/55/EC (OJ L 211, 14.8.2009, p. 94).

(3) Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ L 176, 15.7.2003, p. 57).

(4) Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (OJ L 211, 14.8.2009, p. 1).

(5) OJ L 295, 12.11.2010, p. 1.

(6) OJ L 273, 15.10.2013, p. 5.

(7) OJ L 273, 15.10.2013, p. 5.

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