Periodic consultation
1. One or more consultations shall be carried out by the national regulatory authority or the transmission system operator(s), as decided by the national regulatory authority. To the extent possible and in order to render more effective the consultation process, the consultation document should be published in the English language. The final consultation prior to the decision referred to in Article 27(4) shall comply with the requirements set out in this Article and Article 27, and shall include the following information:
(a)
the description of the proposed reference price methodology as well as the following items:
(i)
the indicative information set out in Article 30(1)(a), including:
(1)
the justification of the parameters used that are related to the technical characteristics of the system;
(2)
the corresponding information on the respective values of such parameters and the assumptions applied.
(ii)
the value of the proposed adjustments for capacity-based transmission tariffs pursuant to Article 9;
(iii)
the indicative reference prices subject to consultation;
(iv)
the results, the components and the details of these components for the cost allocation assessments set out in Article 5;
(v)
the assessment of the proposed reference price methodology in accordance with Article 7;
(vi)
where the proposed reference price methodology is other than the capacity weighted distance reference price methodology detailed in Article 8, its comparison against the latter accompanied by the information set out in point (iii);
(b)
the indicative information set out in Article 30(1)(b)(i), (iv), (v);
(c)
the following information on transmission and non-transmission tariffs:
(i)
where commodity-based transmission tariffs referred to in Article 4(3) are proposed:
(1)
the manner in which they are set;
(2)
the share of the allowed or target revenue forecasted to be recovered from such tariffs;
(3)
the indicative commodity-based transmission tariffs;
(ii)
where non-transmission services provided to network users are proposed:
(1)
the non-transmission service tariff methodology therefor;
(2)
the share of the allowed or target revenue forecasted to be recovered from such tariffs;
(3)
the manner in which the associated non-transmission services revenue is reconciled as referred to in Article 17(3);
(4)
the indicative non-transmission tariffs for non-transmission services provided to network users;
(d)
the indicative information set out in Article 30(2);
(e)
where the fixed payable price approach referred to in Article 24(b) is considered to be offered under a price cap regime for existing capacity:
(i)
the proposed index;
(ii)
the proposed calculation and how the revenue derived from the risk premium is used;
(iii)
at which interconnection point(s) and for which tariff period(s) such approach is proposed;
(iv)
the process of offering capacity at an interconnection point where both fixed and floating payable price approaches referred to in Article 24 are proposed.
2. The final consultation prior to the decision referred to in Article 27(4) shall be open for at least two months. Consultation documents for any of the consultations referred to in paragraph 1 may require that replies submitted in response to the consultation shall include a non-confidential version suitable for publication.
3. Within one month following the end of the consultation, the transmission system operator(s) or the national regulatory authority, depending on the entity that publishes the consultation document referred to in paragraph 1, shall publish the consultation responses received and their summary. To the extent possible and in order to render more effective the consultation process, the summary should be provided in the English language.
4. The subsequent periodic consultations shall be conducted in accordance with Article 27(5).
5. After consulting the European Network of Transmission System Operators for Gas (hereinafter ‘ENTSOG’), the Agency shall develop a template for the consultation document referred to in paragraph 1. The template shall be made available to national regulatory authorities and transmission system operators before 5 July 2017.
Periodic national regulatory authority decision-making
1. Upon launching the final consultation pursuant to Article 26 prior to the decision referred to in Article 27(4), the national regulatory authority or the transmission system operator(s), as decided by the national regulatory authority, shall forward the consultation documents to the Agency.
2. The Agency shall analyse the following aspects of the consultation document:
(a)
whether all the information referred to in Article 26(1) has been published;
(b)
whether the elements consulted on in accordance with Article 26 comply with the following requirements:
(1)
whether the proposed reference price methodology complies with the requirements set out in Article 7;
(2)
whether the criteria for setting commodity-based transmission tariffs as set out in Article 4(3) are met;
(3)
whether the criteria for setting non-transmission tariffs as set out in Article 4(4) are met.
3. Within two months following the end of the consultation referred to in paragraph 1, the Agency shall publish and send to the national regulatory authority or transmission system operator, depending on which entity published the consultation document, and the Commission the conclusion of its analysis in accordance with paragraph 2 in English.
The Agency shall preserve the confidentiality of any commercially sensitive information.
4. Within five months following the end of the final consultation, the national regulatory authority, acting in accordance with Article 41(6)(a) of Directive 2009/73/EC, shall take and publish a motivated decision on all items set out in Article 26(1). Upon publication, the national regulatory authority shall send to the Agency and the Commission its decision.
5. The procedure consisting of the final consultation on the reference price methodology in accordance with Article 26, the decision by the national regulatory authority in accordance with paragraph 4, the calculation of tariffs on the basis of this decision, and the publication of the tariffs in accordance with Chapter VIII may be initiated as from the entry into force of this Regulation and shall be concluded no later than 31 May 2019. The requirements set out in Chapters II, III and IV shall be taken into account in this procedure. The tariffs applicable for the prevailing tariff period at 31 May 2019 will be applicable until the end thereof. This procedure shall be repeated at least every five years starting from 31 May 2019.
Consultation on discounts, multipliers and seasonal factors
1. At the same time as the final consultation carried out in accordance with Article 26(1), the national regulatory authority shall conduct a consultation with the national regulatory authorities of all directly connected Member States and the relevant stakeholders on the following:
(a)
the level of multipliers;
(b)
if applicable, the level of seasonal factors and the calculations set out in Article 15;
(c)
the levels of discounts set out in Articles 9(2) and 16.
After the end of the consultation a motivated decision shall be taken in accordance with Article 41(6)(a) of Directive 2009/73/EC on the aspects referred to in points (a) to (c) of this paragraph. Each national regulatory authority shall consider the positions of national regulatory authorities of directly connected Member States.
2. The subsequent consultations shall be conducted every tariff period as from the date of the decision referred to in paragraph 1. After each consultation and as set out in Article 32(a), the national regulatory authority shall take and publish a motivated decision on the aspects referred to in paragraph 1(a), (b) and (c).
3. When adopting the decision referred to in paragraphs 1 and 2, the national regulatory authority shall take into account the consultation responses received and the following aspects:
(a)
for multipliers:
(i)
the balance between facilitating short-term gas trade and providing long-term signals for efficient investment in the transmission system;
(ii)
the impact on the transmission services revenue and its recovery;
(iii)
the need to avoid cross-subsidisation between network users and to enhance cost-reflectivity of reserve prices;
(iv)
situations of physical and contractual congestion;
(v)
the impact on cross-border flows;
(b)
for seasonal factors:
(i)
the impact on facilitating the economic and efficient utilisation of the infrastructure;
(ii)
the need to improve the cost-reflectivity of reserve prices.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
