ENTSOG Tariff NC - Implementation Document 2nd Edition

Entry Into Force

Evaluation

Comitology

Gas Committee / Council / Parliament

Implementation by TSOs, NRAs etc.

ACER/EC

Figure 1: NC establishment process

For the TAR NC, ENTSOG has organised three public con- sultations, five stakeholder joint working sessions and three workshops to engage with stakeholders and solicit their views. With each version of the draft TAR NC, ENTSOG published three additional documents explaining the choices made in the draft legal text   1) . \\ ACER provides a reasoned opinion on the draft NC sub- mitted by ENTSOG within a time period of no more than three months. The TAR NC reasoned opinion preparation took three months  2) . \\ ENTSOG may choose to amend the draft NC ‘in the light of’ ACER’s reasoned opinion and re-submit it to ACER. The Gas Regulation is silent on the duration of the poten- tial interaction between ENTSOG and ACER. As with all previous NCs, ENTSOG has re-submitted the redrafted TAR NC to ACER  3) along with a document ex- plaining the choices made in the legal text   4) . ENTSOG, ACER and the EC held a number of trilateral meetings to discuss the next steps. \\ Once ACER ‘is satisfied’ that the NC is ‘in line’ with the FG, ACER may choose to recommend the NC for adop- tion by the EC.  1) See Annex X ‘Versions of ENTSOG’s TAR NC and additional material’ and ENTSOG’s website for all documents related to public consultations: http://entsog.eu/publications/tariffs#All  2) The reasoned opinion of ACER was published on 26 March 2015: http://www.acer.europa.eu/Official_documents/Acts_of_the_Agency/Opinions/Opin- ions/ACER%20Opinion%2002-2015.pdf  3) The TAR NC re-drafted by ENTSOG was submitted to ACER on 31 July 2015: http://entsog.eu/public/uploads/files/publications/Tariffs/2015/TAR0500_150731_TAR- NC%20for%20Re-Submission_ACER.pdf  4) See Annex X ‘Versions of ENTSOG’s TAR NC and additional material’.

ACER did not secure a favourable opinion of the Board of Regulators for the re-submitted TAR NC, so it did not provide such a recommendation  5) . \\ The Gas Regulation envisages other ways forward in the absence of ACER’s recommendation. At the 28  th Madrid Forum the EC announced its decision to ‘take over’ the few remaining steps for the finalisation of the TAR NC. The Forum noted ‘the Commission’s in- tention – taking due account of the views of ACER, ENTSOG and stakeholders – to launch the formal legisla- tive procedure still in Q1 2016’   6) . \\ The Comitology Procedure involves the Gas Committee (Committee on the implementation of common rules on the transport, distribution, supply and storage of natural gas), the European Parliament and the Council. The EC adopts the NC at the end of the Comitology Procedure   7) . For the TAR NC, the relevant comitology documents are available in the Comitology Register, including the draft legal texts of the TAR NC, the associated impact assess- ment and the Gas Committee’s voting sheet and the summary record   8) . The final TAR NC is published in the Official Journal of the EU   9) .  5) No official announcement on ACER’s website. See conclusions of the 28 th Meeting of the European Gas Regulatory Forum of 14–15 October 2015 (‘The Forum takes note that ACER is not providing a Recommendation on the Network Code regarding harmonised transmission tariff structures for gas […]’.): https://ec.europa.eu/energy/sites/ener/ files/documents/28th%20MF%20Conclusions%20V8.pdf  6) See conclusions of the 28 th Meeting of the European Gas Regulatory Forum of 14–15 October 2015: https://ec.europa.eu/energy/sites/ener/files/documents/28th%20MF%20 Conclusions%20V8.pdf  7) For the information on the TAR NC, see the beginning of this section and ‘TAR NC – a new gas network code’.  8) See the dossier number ‘CMTD(2016)0778’ in the Comitology Register: http://ec.europa.eu/transparency/regcomitology/index.cfm?do=search.result  9) OJ L 72, 17.3.2017, p. 29.

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