Commission Regulation (EU) 2015/703 of 30 April 2015 establishing a network code on interoperability and data exchange rules (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (1) and in particular Article 6(11) thereof;

Whereas:

(1) Regulation (EC) No 715/2009 defines several tasks for the European network of transmission system operators for gas (‘Entsog’) and for the Agency for the Cooperation of Energy Regulators established by Regulation (EC) No 713/2009 of the European Parliament and of the Council (2) (the ‘Agency’). Amongst these is the development of European-wide network codes in the areas referred to in Article 8(6) of Regulation (EC) No 715/2009 to be applied by all transmission system operators for gas.

(2) In order to encourage and facilitate efficient gas trading and transmission across gas transmission systems within the Union, and thereby to move towards greater internal market integration, a network code on interoperability and data exchange rules as referred to in Article 8(6)(e) and (d) of Regulation (EC) No 715/2009 should be established, on the basis of a draft developed by Entsog and recommended by the Agency and in accordance with the procedure set out in Article 6 of Regulation (EC) No 715/2009.

(3) The lack of harmonisation in technical, operational and communication areas could create barriers to the free flow of gas in the Union, thus hampering market integration. Union interoperability and data exchange rules should allow the necessary harmonisation in those areas, therefore leading to effective market integration. For that purpose and for facilitating commercial and operational cooperation between adjacent transmission system operators, this Regulation should address interconnection agreements, units, gas quality, odourisation and data exchange. It should provide rules and procedures to reach an appropriate level of harmonisation towards efficient gas trading and transport across gas transmission systems in the Union.

(4) Adjacent transmission system operators should reinforce transparency as well as cooperation between them where differences in gas quality and odourisation practices at either side of an interconnection point might create an obstacle to gas market integration. The obligations provided for in this Regulation with particular regard to gas quality and odourisation are without prejudice to the competences of Member States.

(5) The provisions of this Regulation relating to gas quality should provide effective solutions without prejudice to the adoption of a European-wide standard for high-calorific gas as is being developed by CEN pursuant to the standardisation process under mandate M/400.

(6) The interoperability rules fixed in Articles 13, 17 and 18 aim at ensuring market integration as prescribed by Article 8(7) of the Regulation (EC) No 715/2009 and have a broader scope of application than solely interconnection points.

(7) Article 13 of this Regulation does not affect the units or reference conditions used by Member States for the purposes of Article 1(2) of Directive 2009/142/EC of the European Parliament and of the Council (3). The concerned parties may use the conversion table in the Annex in line with EN ISO 13443 ‘Natural Gas — Standard reference conditions’.

(8) Chapter V of this Regulation should ensure the appropriate degree of harmonisation of data exchange for supporting the completion and functioning of the European internal gas market, security of supply and appropriate and secure access to information, facilitating cross-border transmission activities.

(9) The measures provided for in this Regulation are in accordance with the opinion of the Committee established pursuant to Article 51 of Directive 2009/73/EC of the European Parliament and of the Council (4).

(10) In accordance with Article 8(8) and (9) of Regulation (EC) No 715/2009 Entsog should monitor and analyse the implementation of this Regulation and report its findings to the Agency in order to allow the Agency to fulfil its tasks under Article 9(1) of Regulation (EC) No 715/2009,

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

Article 2

Definitions

For the purposes of this Regulation, the definitions in Article 2 of Regulation (EC) No 715/2009, Article 3 of Commission Regulation (EU) No 984/2013 (5), Article 3 of Commission Regulation (EU) No 312/2014 (6) as well as in Article 2 of Directive 2009/73/EC shall apply. In addition, the following definitions shall apply:

(a) ‘exceptional event’ means any unplanned event that is not reasonably controllable or preventable and that may cause, for a limited period, capacity reductions, affecting thereby the quantity or quality of gas at a given interconnection point, with possible consequences on interactions between transmission system operators as well as between transmission system operator and network users;

(b) ‘initiating transmission system operator’ means the transmission system operator initiating the matching process by sending the necessary data to the matching transmission system operator;

(c) ‘lesser rule’ means that, in case of different processed quantities at either side of an interconnection point, the confirmed quantity will be equal to the lower of the two processed quantities.

(d) ‘matching process’ is the process of comparing and aligning processed quantities of gas for network users at both sides of a specific interconnection point, which results in confirmed quantities for the network users;

(e) ‘matching transmission system operator’ means the transmission system operator performing the matching process and sending the result of the matching process to the initiating transmission system operator;

(f) ‘measured quantity’ means the quantity of gas that, according to the measurement equipment from the transmission system operator, has physically flowed across an interconnection point per time period;

(g) ‘operational balancing account’ means an account between adjacent transmission system operators, to be used to manage steering differences at an interconnection point in order to simplify gas accounting for network users involved at the interconnection point;

(h) ‘processed quantity’ means the quantity of gas determined by the initiating transmission system operator and by the matching transmission system operator, which takes into account the network user's nomination or re-nomination and contractual provisions as defined under the relevant transport contract and which is used as the basis for the matching process;

(i) ‘steering difference’ means the difference between the quantity of gas that the transmission system operators had scheduled to flow and the measured quantity for an interconnection point.

CHAPTER II

INTERCONNECTION AGREEMENTS

Article 3

General provisions

Adjacent transmission system operators shall ensure that at least the following terms and conditions detailed in Articles 6 to 12 are covered by an interconnection agreement in respect of each interconnection point:

(a) rules for flow control;

(b) measurement principles for gas quantities and quality;

(c) rules for the matching process;

(d) rules for the allocation of gas quantities;

(e) communication procedures in case of exceptional events;

(f) settlement of disputes arising from interconnection agreements;

(g) amendment process for the interconnection agreement.

Article 4

Information obligation

Article 5

Interconnection agreement template

Article 6

Rules for flow control

(a) ensure that rules are established in order to facilitate a controllable, accurate, predictable and efficient gas flow across the interconnection point;

(b) ensure that rules are established for steering the gas flow across the interconnection point and for minimising the deviations from the flow pursuant to the matching process;

(c) designate the transmission system operator who is responsible for steering the gas flow across the interconnection point. If the adjacent transmission system operators fail to agree on this designation, the transmission system operator that operates the flow control equipment shall, in cooperation with the other transmission system operator(s), be responsible for steering the gas flow across the interconnection point.

The transmission system operator designated pursuant to point (c) of paragraph 1 shall be responsible for steering the gas flow across the interconnection point provided that contractual obligations regarding pressure are complied with by all adjacent transmission system operators:

(a) at a level of accuracy sufficient to minimise the steering difference; and

(b) at a level of stability in line with the efficient use of the gas transmission networks.

(a) the result of the matching process;

(b) the operational balancing account correction;

(c) any efficient flow control arrangements between the adjacent transmission system operators for purposes such as ramp-up, ramp-down, minimum flow, split of the flow at the virtual interconnection point if any, and/or switch of flow direction or operational cost efficiency;

(d) any arrangement managing cross-border trade restrictions due to gas quality differences pursuant to Article 15 and/or odourisation practices pursuant to Article 19.

(a) comply with provisions laid down in national or Union safety legislation applicable to the interconnection point;

(b) comply with requirements laid down in Emergency Plans and Preventive Action Plans developed in accordance with Regulation (EU) No 994/2010 of the European Parliament and of the Council (7);

(c) react in case the operator's system is affected by an exceptional event.

Article 7

Measurement principles for gas quantity and quality

(a) the details of the measurement standards applicable at the interconnection point are established;

(b) the transmission system operator responsible for the installation, operation and maintenance of the measurement equipment is identified. This operator shall have the obligation to make all information and data in respect of the measurement of gas flows at the interconnection point available to the other adjacent transmission system operator(s) in a timely manner and at a frequency specified.

(a) a description of the metering station including measurement and analysis equipment to be used and details of any secondary equipment that may be used in case of failure;

(b) the gas quality parameters and volume and energy that shall be measured, as well as the range and the maximum permissible error or uncertainty margin within which the measurement equipment shall operate, the frequency of measurements, in what units and according to what standards the measurement shall be made as well as any conversion factors used;

(c) the procedures and methods that shall be used to calculate those parameters which are not directly measured;

(d) a description of the method of calculation in respect of the maximum permissible error or uncertainty in the determination of energy transported;

(e) a description of the data validation process in use for the measured parameters;

(f) the measurement validation and quality assurance arrangements, including verification and adjustment procedures to be agreed between the adjacent transmission system operators;

(g) the way data, including frequency and content, is provided among the adjacent transmission system operators in respect of the measured parameters;

(h) the specific list of signals and alarms to be provided by the adjacent transmission system operator(s) who operate(s) the measurement equipment to the other adjacent transmission system operator(s);

(i) the method of determining a correction to a measurement and any subsequent procedures that may be necessary in a temporary situation where the measurement equipment is found to be or have been in error (either under-reading or over-reading outside of its defined uncertainty range).This transmission system operator shall take appropriate action to end this situation.

(j) rules that shall apply between adjacent transmission system operators in the event of failure of the measurement equipment;

(a) the transmission system operator in control of the measurement equipment shall be responsible for the installation, operation and maintenance of such equipment and for providing the other transmission system operator with the data regarding the measurement of gas flows at the interconnection point in a timely manner;

(b) the European standard EN1776 ‘Gas Supply Natural Gas Measuring Stations Functional Requirements’ in the version applicable at the time shall apply.

Article 8

Rules for the matching process

(a) the rules detailing the matching process taking into account daily-hourly nomination arrangements where relevant;

(b) the rules governing the communication and processing of the relevant data among the adjacent transmission system operators in order to calculate the processed quantities and confirmed quantities of gas for network users and the quantity of gas that needs to be scheduled to flow at the interconnection point(s).