ENTSOG Tariff NC - Implementation Document 2nd Edition

Citations and Recitals

Several citations and recitals precede the Articles of the TAR NC. The citations are the two paragraphs starting with ‘having regard to…’; the recitals are the 12 ‘where- as’ paragraphs.

CITATIONS Citations describe the legal framework for the TAR NC, setting the scene for ‘where it comes from’. The first citation refers to the primary legislation – Treaty on the Functioning of the EU  1) , while the second citation refers to the secondary legisla- tion – the Gas Regulation. The second one also mentions Article 6(11) of the Gas Regulation, which established the procedure for adopting a NC.

RECITALS Although the TAR NC is ‘binding in its entirety’ , the recitals are not legally binding in isolation. They need to be read in conjunction with the respective Articles, as they provide the background for the rules set out in the Articles. In particular, the TAR NC recitals are linked to the following rules: transparency requirements, consultation on the proposed RPM, the level of discounts at certain points on the system, the ap- proach towards high-transit systems and interconnectors, and so forth. Apart from the background for the specific rules, recitals also serve the following purposes: \\ Recitals (1) and (10) mention the high-level objectives of the TAR NC, such as contributing to market integration, enhancing security of supply, promoting in- terconnection between gas networks and avoiding foreclosure of downstream supply markets. \\ Recital (11) provides some guidance for implementing the TAR NC, encourag- ing both NRAs and TSOs to adopt ‘best practices and endeavours to harmonise processes for the implementation’ of the TAR NC; ACER and NRAs should ‘ensure’ that the TAR NC rules ‘are implemented across the Union in the most effective way’ . \\ In conjunction with Article 6(11) of the Gas Regulation mentioned in the second citation, recital (12) recalls the Comitology Procedure for adopting the TAR NC, which includes the step of securing the opinion of the Committee established per Article 51 of the Gas Directive.

 1) Consolidated version: OJ C 326, 26.10.2012, p. 47–390.

TAR NC Implementation Document – Second Edition September 2017 | 29