Tariffs for access to networks
1. Tariffs, or the methodologies used to calculate them, applied by the transmission system operators and approved by the regulatory authorities pursuant to Article 78(7) of Directive (EU) 2024/1788, as well as tariffs published pursuant to Article 31(1) of that Directive, shall be transparent, take into account the need for system integrity and its improvement and reflect the actual costs incurred, insofar as such costs correspond to those of an efficient and structurally comparable network operator and are transparent, whilst including an appropriate return on investments. Tariffs, or the methodologies used to calculate them, shall be applied in a non-discriminatory manner.
Tariffs may also be determined through market-based arrangements, such as auctions, provided that such arrangements and the revenue arising therefrom are approved by the regulatory authority.
Tariffs, or the methodologies used to calculate them, shall facilitate efficient natural gas trade and competition, while at the same time avoiding cross-subsidies between network users and providing incentives for investment and maintaining or creating interoperability for transmission networks.
Tariffs for network users shall be non-discriminatory and shall be set separately for every entry point into or exit point out of the transmission system. Cost-allocation mechanisms and rate setting methodology regarding entry points and exit points shall be approved by the regulatory authorities. Regulatory authorities shall ensure that network tariffs shall not be calculated on the basis of contract paths.
2. Tariffs for network access shall neither restrict market liquidity nor distort trade across borders of different transmission systems. Where, notwithstanding Article 78(7) of Directive (EU) 2024/1788, differences in tariff structures would hamper trade across transmission systems, transmission system operators shall, in close cooperation with the relevant national authorities, actively pursue convergence of tariff structures and charging principles.
3. Until 31 December 2025, the regulatory authority may apply a discount of up to 100 % to capacity-based transmission and distribution tariffs at entry points from, and exit points to, underground natural gas storage facilities and at entry points from LNG facilities, unless and to the extent that such a storage facility which is connected to more than one transmission or distribution network is used to compete with an interconnection point.
From 1 January 2026, the regulatory authority may apply a discount of up to 100 % to capacity-based transmission and distribution tariffs at entry points from, and exit points to, underground natural gas storage facilities and at entry points from LNG facilities for the purpose of increasing security of supply. The regulatory authority shall re-examine that tariff discount and its contribution to the security of supply during every regulatory period, in the framework of the periodic consultation carried out pursuant to the network code adopted pursuant to Article 71(2), first subparagraph, point (d).
4. Regulatory authorities may merge adjacent entry-exit systems with a view to enabling full or partial regional integration where tariffs may be abolished at the interconnection points between the entry-exit systems concerned. Following the public consultations conducted by the regulatory authorities or by the transmission system operators, the regulatory authorities may approve a common tariff and an effective compensation mechanism between transmission system operators for the redistribution of costs arising from the abolition of interconnection points.
5. Member States with more than one interconnected entry-exit system, or more than one network operator within one entry-exit system, may implement a uniform network tariff with the aim of creating a level playing field for network users, provided that a network plan has been approved and a compensation mechanism between the network operators is implemented.
Tariff discounts for renewable gas and low-carbon gas
1. When setting tariffs, a discount for renewable gas and low-carbon gas shall be applied to:
(a)
entry points from renewable gas and low-carbon gas production facilities;
(b)
capacity-based transmission tariffs at entry points from and exit points to natural gas storage facilities, unless such a storage facility is connected to more than one transmission or distribution network and is used to compete with an interconnection point.
The discount pursuant to the first subparagraph, point (a), shall be set at 100 % with regard to the relevant capacity-based tariffs for the purpose of scaling-up the injection of renewable gas and a discount of 75 % to low-carbon gas.
The discount pursuant to the first subparagraph, point (b), shall be set at 100 % in the Member States where the renewable gas or low-carbon gas was first injected into the system.
2. Details on the discounts granted in accordance with paragraph 1 of this Article may be laid down in the network code on tariff structures as referred to in Article 71(2), first subparagraph, point (d).
3. By 5 August 2029 and every five years thereafter, the Commission shall re-examine the level of the discounts laid down in paragraphs 1 and 4. The Commission shall issue a report providing an overview of the implementation of the discounts and assess whether the level of those discounts is still adequate in view of the latest market developments. The Commission shall be empowered to adopt delegated acts in accordance with Article 80 to amend this Regulation by changing the level of the discounts laid down in paragraphs 1 and 4 of this Article.
4. From 5 August 2025, network users shall obtain a discount of 100 % on the capacity-based tariff from the transmission system operator at interconnection points between Member States, for renewable gas and 75 % for low-carbon gas, after providing the transmission system operator concerned with a proof of sustainability, on the basis of a valid sustainability certificate obtained for renewable gas pursuant to Articles 29 and 30 of Directive (EU) 2018/2001 and registered in the Union database referred to in Article 31a of that Directive, and for low-carbon gas on the basis of a valid certificate obtained pursuant to Article 9 of Directive (EU) 2024/1788.
With regard to the discounts referred to in the first subparagraph:
(a)
transmission system operators shall be required to provide the discount only for the shortest possible route in terms of border crossings between the location of where the specific proof of sustainability declaration, on the basis of a certificate referred to in the first subparagraph, was first recorded in the Union database and where it has been cancelled as considered consumed, provided that any potential auction premium is not covered by the discount;
(b)
transmission system operators shall provide the relevant regulatory authority with information on actual and expected volumes of renewable gas and low-carbon gas and the effect of applying the tariff discount on their revenue and regulatory authorities shall monitor and assess the impact of the discount on tariff stability;
(c)
once the revenue of a transmission system operator from those specific tariffs is reduced by 10 % as a result of applying the discount, the affected and all neighbouring transmission system operators shall negotiate an inter-transmission-system-operator compensation mechanism;
(d)
further details required to implement the discount for renewable gas and low-carbon gas, such as the calculation of the eligible capacity for which the discount applies and the required processes, shall be set in a network code established pursuant to Article 71.
The transmission system operators concerned shall agree on an inter-transmission-system-operator compensation mechanism within three years of their revenue from specific tariffs being reduced by 10 % as referred to in the second subparagraph, point (c), of this paragraph. Where, within that period, no agreement is reached, the relevant regulatory authorities shall decide jointly on an appropriate inter-transmission-system-operator compensation mechanism within two further years. In the absence of an agreement among the regulatory authorities, Article 6 of Regulation (EU) 2019/942 shall apply. Where the regulatory authorities are not able to reach an agreement within two years, or upon their joint request, ACER shall adopt an individual decision, in accordance with Article 6(10) of Regulation (EU) 2019/942.
5. By way of derogation from paragraphs 1 and 4 of this Article, regulatory authorities may decide not to apply discounts or to lay down discounts lower than those laid down in paragraphs 1 and 4 of this Article, provided that such a derogation is in line with the general tariff principles as set out in Article 17 and in particular the principle of cost-reflectiveness, where one of the following criteria is met:
(a)
the derogation is necessary for the efficient operation of the transmission system, to ensure a stable financial framework for existing investments or to avoid undue cross-subsidies, distortion to cross-border trade or an ineffective inter-transmission-system-operator compensation mechanism;
(b)
the application of discounts laid down in paragraphs 1 and 4 is not necessary due to the degree of advancement of the roll-out of renewable gas and low-carbon gas in the Member State concerned or the existence of alternative support mechanisms for scaling-up the use of renewable gas or low-carbon gas.
Revenue of transmission system operators
1. From 5 August 2025, the relevant regulatory authority shall ensure the transparency of the methodologies, parameters and values used to determine allowed or target revenue of transmission system operators. The regulatory authority shall publish the information referred to in Annex I, or shall require the publication by the relevant transmission system operator subject to the protection of data considered by the relevant regulatory authority to be commercially sensitive. That information shall be made available in a freely accessible, downloadable and read-only format and, to the extent possible, in one or more commonly understood languages.
2. The costs of the transmission system operator shall be subject to an efficiency comparison between transmission system operators. ACER shall carry out that efficiency comparison. By 5 August 2027 and every four years thereafter, ACER shall publish a study comparing the efficiency of transmission system operators’ costs, subject to the protection of data considered by ACER to be commercially sensitive. The relevant regulatory authorities and the transmission system operators shall provide ACER with all the data necessary for that comparison. When periodically setting the allowed or target revenue of transmission system operators, the relevant regulatory authorities shall take into account such comparison and national circumstances.
3. The relevant regulatory authorities shall assess the long-term evolution of transmission tariffs on the basis of the expected changes to their allowed or target revenue and in natural gas demand within the relevant regulatory period, and, where available until 2050. To conduct that assessment, the regulatory authority shall include the information about the strategy described in the integrated national energy and climate plan of the Member State concerned and the scenarios underpinning the ten-year network development plan as developed in accordance with Article 55 of Directive (EU) 2024/1788.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
