Transmission and non-transmission services and tariffs
Article 4
1. A given service shall be considered a transmission services where both of the following criteria are met: (a) the costs of such service are caused by the cost drivers of both technical or forecasted contracted capacity and distance; (b) the costs of such service are related to the investment in and operation of the infrastructure which is part of the regulated asset base for the provision of transmission services. Where any of the criteria set out in points (a) and (b) are not complied with, a given service may be attributed to either transmission or non-transmission services subject to the findings of the periodic consultation by the transmission system operator(s) or the national regulatory authority and decision by the national regulatory authority, as set out in Articles 26 and 27. 2. Transmission tariffs may be set in a manner as to take into account the conditions for firm capacity products. 3. The transmission services revenue shall be recovered by capacity-based transmission tariffs. As an exception, subject to the approval of the national regulatory authority, a part of the transmission services revenue may be recovered only by the following commodity-based transmission tariffs which are set separately from each other: (a) a flow-based charge, which shall comply with all of the following criteria: (i) levied for the purpose of covering the costs mainly driven by the quantity of the gas flow; (ii) calculated on the basis of forecasted or historical flows, or both, and set in such a way that it is the same at all entry points and the same at all exit points; (iii) expressed in monetary terms or in kind. (b) a complementary revenue recovery charge, which shall comply with all of the following criteria: (i) levied for the purpose of managing revenue under- and over-recovery; (ii) calculated on the basis of forecasted or historical capacity allocations and flows, or both; (iii) applied at points other than interconnection points; (iv) applied after the national regulatory authority has made an assessment of its cost-reflectivity and its impact on cross-subsidisation between interconnection points and points other than interconnection points. 4. The non-transmission services revenue shall be recovered by non-transmission tariffs applicable for a given non-transmission service. Such tariffs shall be as follows: (a) cost-reflective, non-discriminatory, objective and transparent; (b) charged to the beneficiaries of a given non-transmission service with the aim of minimising cross-subsidisation between network users within or outside a Member State, or both. Where according to the national regulatory authority a given non-transmission service benefits all network users, the costs for such service shall be recovered from all network users.