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

For IM , 46 TSOs replied and their information is included in this report. One TSO provided its own information and also the publication information for a transit pipe- line they operate as an Independent System Operator, they have been counted as two separate TSOs, this is why there are 46 TSOs counted in the ‘Publication requirements in 2017’ section and 45 TSOs in the rest of the IM part of this report. For EM the number of TSOs taking part depends on the indicator, with a maximum of 45 TSOs per indicator, this information is provided per indicator in the EM part of this report. For a full list of participating TSOs, please see Annex A.

Status of Derogations from the TARNC Article 2(2) specifies that the TARNC does not apply in MS that hold a derogation in accordance with Article 49 ‘Emergent and isolated markets’ of Directive 2009/73/EC (‘Gas Directive’). Article 2(2) echoes Article 30 of the Gas Regulation, which exempts the applicability of the Gas Regulation to MSs for as long as they hold such a derogation. Like all the other network codes, the TAR NC supplements the Gas Regulation, and forms an integral part of it, so if the Gas Regulation does not apply, neither does the TAR NC. Malta, Cyprus, Finland, Estonia and Luxembourg currently have derogations. \\ Malta and Cyprus will not be affected by the TARNC if they remain isolated markets without a gas transmission system. \\ Luxembourg holds a derogation according to Article 49(6) of the Gas Directive, which refers to its Article 9 on unbundling of transmission systems and TSOs. \\ Finland’s derogation will end on 1 January 2020 based on the new Natural Gas Market Act and market opening. \\ Estonia currently benefits from a derogation until 2020, but it may open its natural gas markets in the near future. Even though Estonia holds a derogation, due to national law they must still implement certain aspects of the Gas Regulation, including transparency features. For this reason, they plan on implementing the TARNC, although their implementation will be on a later timeline compared to the MSs who do not hold a derogation. \\ Latvia had a derogation up until April 2017, the 2017 IM and EM report will capture the TARNC implementation in Latvia for the first time. \\ Article 49 of the Gas Directive mentions Lithuania, but Lithuania did not and does not hold a derogation.

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