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Access of renewable gas and low-carbon gas to the market
Member States shall enable the access of renewable gas and low-carbon gas to the market and infrastructure regardless of whether the production facilities for renewable gas and low-carbon gas are connected to distribution or transmission networks, taking into account assumptions on the evolution of the production, supply and consumption of natural gas in accordance with Article 55(2), point (f).
Third-party access to natural gas distribution and transmission and LNG terminals
1. Member States shall ensure the implementation of a system of third-party access to the transmission and distribution system and LNG facilities based on published tariffs, applicable to all customers, including supply undertakings, and applied objectively and without discrimination between system users. Member States shall ensure that those tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 78 by a regulatory authority and that those tariffs – and the methodologies, where only methodologies are approved – are published prior to their entry into force. 2. Transmission system operators shall, if necessary for the purpose of carrying out their functions including in relation to cross-border transmission, have access to the network of other transmission system operators. 3. This Directive shall not prevent the conclusion of long-term contracts for renewable gas and low-carbon gas in so far as they comply with Union competition rules and contribute to decarbonisation. No long-term contracts for the supply of unabated fossil gas shall be concluded with a duration beyond 31 December 2049.
Access to upstream natural gas pipeline networks
1. Member States shall take the necessary measures to ensure that natural gas undertakings and eligible customers, wherever they are located, are able to obtain access to upstream pipeline networks, including facilities supplying technical services incidental to such access, in accordance with this Article, except for the parts of such networks and facilities which are used for local production operations at the site of a field where the natural gas is produced. The measures shall be notified to the Commission in accordance with Article 94. 2. The access referred to in paragraph 1 shall be provided in a manner determined by the Member States in accordance with the relevant legal instruments. Member States shall apply the objectives of fair and open access, achieving a competitive market for natural gas and avoiding any abuse of a dominant position, taking into account security and regularity of supplies, capacity which is or can reasonably be made available, and environmental protection. The following needs may be taken into account: (a) the need to refuse access where there is an incompatibility of technical specifications which cannot reasonably be overcome; (b) the need to avoid difficulties which cannot reasonably be overcome and could prejudice the efficient, current and planned future production of hydrocarbons, including that from fields of marginal economic viability; (c) the need to respect the duly substantiated reasonable needs of the owner or operator of the upstream pipeline network for the transport and processing of natural gas and the interests of all other users of the upstream pipeline network or relevant processing or handling facilities who may be affected; and (d) the need to apply their laws and administrative procedures, in conformity with Union law, for the grant of authorisation for production or upstream development. 3. Member States shall ensure that they have in place dispute-settlement arrangements, including an authority independent of the parties with access to all relevant information, to enable disputes relating to access to upstream pipeline networks to be settled expeditiously, taking into account the needs referred to in paragraph 2 and the number of parties which may be involved in negotiating access to such networks. 4. In the event of cross-border disputes, the dispute-settlement arrangements for the Member State having jurisdiction over the upstream pipeline network which refuses access shall be applied. Where, in cross-border disputes, more than one Member State covers the network concerned, the Member States concerned shall consult each other with a view to ensuring that this Directive is applied consistently. Where the upstream pipeline network originates from a third country and connects to at least one Member State, the Member States concerned shall consult each other and the Member State where the first entry point to the Member States’ network is located shall consult the third country concerned where the upstream pipeline network originates, with a view to ensuring, as regards the network concerned, that this Directive is applied consistently in the territory of the Member States.
Access to storage of natural gas
1. For the organisation of access to natural gas storage facilities and linepack where technically or economically necessary for providing efficient access to the system for the supply of customers, as well as for the organisation of access to ancillary services, Member States may choose either or both of the procedures referred to in paragraphs 3 and 4. Those procedures shall operate in accordance with objective, transparent and non-discriminatory criteria. When choosing the procedure for access to storage of natural gas under this Article, Member States shall take into account the results of the common and national risk assessments carried out pursuant to Article 7 of Regulation (EU) 2017/1938. The regulatory authorities shall establish and publish criteria in accordance with which the access regime applicable to natural gas storage facilities and linepack is to be determined. They shall make public, or oblige natural gas storage system operators and transmission system operators to make public, which natural gas storage facilities, or which parts of those natural gas storage facilities, and which linepack is offered under the different procedures referred to in paragraphs 3 and 4. 2. Paragraph 1 shall not apply to ancillary services and temporary storage that are related to LNG facilities and are necessary for the re-gasification process and subsequent delivery to the transmission system. 3. In the case of negotiated access, the regulatory authorities shall take the necessary measures for undertakings and eligible customers either inside or outside the territory covered by the interconnected system to be able to negotiate access to natural gas storage facilities and linepack, when technically or economically necessary for providing efficient access to the system, as well as for the organisation of access to other ancillary services. The parties shall be obliged to negotiate access to storage, linepack and other ancillary services in good faith. Contracts for access to storage, linepack and other ancillary services shall be negotiated with the relevant natural gas storage system operator. The regulatory authorities shall require natural gas storage system operators and natural gas undertakings to publish their main commercial conditions for the use of storage, linepack and other ancillary services on an annual basis. When developing those conditions, natural gas storage system operators shall consult system users. 4. In the case of regulated access, the regulatory authorities shall take the necessary measures to give natural gas undertakings and eligible customers either inside or outside the territory covered by the interconnected system a right to access to storage, linepack and other ancillary services, on the basis of published tariffs or other terms and obligations for use of that storage and linepack, when technically or economically necessary for providing efficient access to the system, as well as for the organisation of access to other ancillary services. The regulatory authorities shall consult system users when developing those tariffs or the methodologies for those tariffs. The right of access for eligible customers may be given by enabling them to enter into supply contracts with competing undertakings other than the owner or operator of the system or a related undertaking.
Direct lines for natural gas
1. Member States shall take the necessary measures to enable: (a) natural gas undertakings established within their territory to supply the eligible customers through a direct line; and (b) any such customer within their territory to be supplied through a direct line by natural gas undertakings. 2. In circumstances where an authorisation, such as a licence, permission, concession, consent or approval, is required for the construction or operation of direct lines, the Member States or any competent authority they designate shall lay down the criteria for the grant of authorisations for the construction or operation of such lines in their territory. Those criteria shall be objective, transparent and non-discriminatory. 3. Member States may issue an authorisation to construct a direct line subject either to the refusal of system access based on Article 38 or to the opening of a dispute-settlement procedure pursuant to Article 79.
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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.