ENTSOG First Report on Implementation Monitoring and Baseline for Effect Monitoring of the Tariff Network Code

3.3 Conclusion

IMPLEMENTATION MONITORING The TARNC has been applicable since 6 April 2017, what we see from the first TARNC monitoring report is that the vast majority of TSOs have implemented all the mandatory 2017 requirements from the TARNC. In addition, 38 out of the 46   6) TSOs have also im- plemented the ‘early compliance’ publication requirements, and TSOs have also started preparations for TARNC implementation 2018. For the publication requirements, 40 of the 46   7)   TSOs taking part in IM have published the required information as they should, a valid reason was provided by nearly all TSOs that have not published as set out in the TARNC. Only two TSOs said that for some of the publication requirements it is a ‘work in progress’ or ‘will not be done until 2018’. In addition, where the NRA has responsibility for publication, some TSOs have still pub- lished information on their websites. Even so, there are a small number of issues that are worth pointing out. In several cases English was not used, sometimes the actual information to be published was not in English, or the text on websites leading to the required information was not in English, this should be addressed going forward. For three TSOs, even though the link on ENTSOG’s Transparency Platform leading to the information on the TSOs or NRAs website, and the information to be published, is there, it was at times hard to find as the link did not bring the user directly to the required information, user-friendliness and ease of access can be improved. All would benefit when the link on ENTSOG’s Transparency Platform leads directly to the standardised section template developed by ENTSOG and its members, this template allows the TSO to place links leading to the information required to be published for Article 29 and 30, including a link to the NRA website if they are the entity responsible for publication. Although not mandatory, two TSOs undertook ‘intermediate’ consultations and published it in English. For the majority of TSOs it is their NRA who is responsible for the consultation process, however, most have already started contributing to the process through meetings and by providing any requested documentation. Eight TSOs are implementing the ‘limited scope’ rules at points with third countries, and at points other than IPs and points with third countries. 36 TSOs have started using the definitions from the TAR NC that should be introduced in 2017, this will contribute towards clearer communication and help avoid any potential misunderstandings.  8) For the attribution of the auction premium from the sale of bundled capacity, only in one case did TSOs indicated that they will change their current arrangements. One TSO said they are planning to change their arrangements regarding the use of fixed or floating pay- able price, in 2018. All TSOs with fixed price contracts concluded before 6 April 2017 sent the contracts or information to their NRA before 6 May 2017. Both TSOs operating interconnectors have, or will, apply for derogations from some Articles in the TARNC. Several TSOs highlighted some key challenges they are facing with the implementation of the TARNC. Some have already identified solutions to these challenges and for others it is a work in progress. 2017 was a busy year for the implementation of the TAR NC, especially with the publication requirements in December. TSOs indicated that they were already planning for 2018 with the publication requirements before the TSOs new tariff period and before the annual capacity auctions, and the consultation process being prominent.  6) For the publication of the reserve prices, in seven out of the remaining eight cases, it is the responsibility of the NRA and for one TSO it is non-applicable as they don’t have an IP. For the publication of Article 30(1)(b), 11 out of 19  TSOs have published this information, it being the responsibility of the NRA for six TSOs, two TSOs have not published this information as one is applying for a derogation and the decision on this will determine the scope of what is to be published, and for the other TSO it is a work in progress after their derogation expired in 2017. For additional information please see the ‘Publication requirements in 2017’ section.  7) Of the remaining six TSOs, a decision on publication responsibility is still to be made for two TSOs from the same MS, for four TSOs certain requirements were not fulfilled due to, for example, being non-application for one TSO as they don’t have an IP, due to pending derogation applications or it being a work in progress for one TSO.  8) The remaining TSOs are waiting on: NRA decisions, derogation applications or reviews currently taking place.

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