Annexes to COM(2021)804 - Internal markets for renewable and natural gases and for hydrogen (recast)

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2021)804 - Internal markets for renewable and natural gases and for hydrogen (recast).
document COM(2021)804 EN
date June 13, 2024
Agreement, and Regulation (EU) 2018/1999 (OJ L 111, 26.4.2023, p. 1).

(8) Regulation (EU) 2023/957 of the European Parliament and of the Council of 10 May 2023 amending Regulation (EU) 2015/757 in order to provide for the inclusion of maritime transport activities in the EU Emissions Trading System and for the monitoring, reporting and verification of emissions of additional greenhouse gases and emissions from additional ship types (OJ L 130, 16.5.2023, p. 105).

(9) Regulation (EU) 2023/1805 of the European Parliament and of the Council of 13 September 2023 on the use of renewable and low-carbon fuels in maritime transport, and amending Directive 2009/16/EC (OJ L 234, 22.9.2023, p. 48).

(10) Regulation (EU) 2023/2405 of the European Parliament and of the Council of 18 October 2023 on ensuring a level playing field for sustainable air transport (ReFuelEU Aviation) (OJ L, 2023/2405, 31.10.2023, ELI: http://data.europa.eu/eli/reg/2023/2405/oj).

(11) Directive (EU) 2023/959 of the European Parliament and of the Council of 10 May 2023 amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union and Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading system (OJ L 130, 16.5.2023, p. 134).

(12) Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency and amending Regulation (EU) 2023/955 (OJ L 231, 20.9.2023, p. 1).

(13) Directive (EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023 amending Directive (EU) 2018/2001, Regulation (EU) 2018/1999 and Directive 98/70/EC as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652 (OJ L, 2023/2413, 31.10.2023, ELI: http://data.europa.eu/eli/dir/2023/2413/oj).

(14) Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund (OJ L 231, 30.6.2021, p. 1).

(15) Directive (EU) 2024/1788 of the European Parliament and of the Council of 13 June 2024 on common rules for the internal markets for renewable gas, natural gas and hydrogen, amending Directive (EU) 2023/1791 and repealing Directive 2009/73/EC (OJ L, 2024/1788, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1788/oj).

(16) Regulation (EU) 2022/869 of the European Parliament and of the Council of 30 May 2022 on guidelines for trans-European energy infrastructure, amending Regulations (EC) No 715/2009, (EU) 2019/942 and (EU) 2019/943 and Directives 2009/73/EC and (EU) 2019/944, and repealing Regulation (EU) No 347/2013 (OJ L 152, 3.6.2022, p. 45).

(17) Regulation (EU) 2024/1787 of the European Parliament and of the Council of 13 June 2024 on the reduction of methane emissions in the energy sector and amending Regulation (EU) 2019/942 (OJ L, 2024/1787, 15.7.2024, ELI: http://data.europa.eu/eli/reg/2024/1787/oj).

(18) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

(19) Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019 establishing a European Union Agency for the Cooperation of Energy Regulators (OJ L 158, 14.6.2019, p. 22).

(20) Commission Regulation (EU) 2017/459 of 16 March 2017 establishing a network code on capacity allocation mechanisms in gas transmission systems and repealing Regulation (EU) No 984/2013 (OJ L 72, 17.3.2017, p. 1).

(21) Commission Regulation (EU) No 312/2014 of 26 March 2014 establishing a Network Code on Gas Balancing of Transmission Networks (OJ L 91, 27.3.2014, p. 15).

(22) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

(23) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

(24) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

(25) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

(26) Commission Regulation (EU) 2015/703 of 30 April 2015 establishing a network code on interoperability and data exchange rules (OJ L 113, 1.5.2015, p. 13).

(27) OJ L 123, 12.5.2016, p. 1.

(28) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(29) Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).

(30) Decision (EU) 2017/684 of the European Parliament and of the Council of 5 April 2017 on establishing an information exchange mechanism with regard to intergovernmental agreements and non-binding instruments between Member States and third countries in the field of energy, and repealing Decision No 994/2012/EU (OJ L 99, 12.4.2017, p. 1).

(31) Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ L 176, 15.7.2003, p. 57).

(32) Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ L 211, 14.8.2009, p. 94).

(33) Regulation (EU) 2017/1938 of the European Parliament and of the Council of 25 October 2017 concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010 (OJ L 280, 28.10.2017, p. 1).

(34) Regulation (EU) 2022/1032 of the European Parliament and of the Council of 29 June 2022 amending Regulations (EU) 2017/1938 and (EC) No 715/2009 with regard to gas storage (OJ L 173, 30.6.2022, p. 17).

(35) Council Regulation (EU) 2022/2576 of 19 December 2022 enhancing solidarity through better coordination of gas purchases, reliable price benchmarks and exchanges of gas across borders (OJ L 335, 29.12.2022, p. 1).

(36) Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (OJ L 326, 8.12.2011, p. 1).

(37) Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).

(38) Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).

(39) Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54).

(40) Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 (OJ L 249, 14.7.2021, p. 38).

(41) Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (OJ L 126, 21.5.2009, p. 13).


ANNEX I

Guidelines

1. Information to be published on the methodology used to set the regulated revenue of the transmission system operator

The information referred to in points 1 to 5 shall be published before the tariff period by the regulatory authority or the transmission system operator as decided by the regulatory authority.

That information shall be provided separately for transmission activities where the transmission system operator is part of a larger commercial entity or holding.

1.The entity responsible for calculating, setting and approving the different components of the methodology.

2.A description of the methodology, including at least a description of:
(a)the overall methodology, such as revenue-cap, hybrid, cost-plus or tariff benchmarking;

(b)the methodology to set the regulatory asset base (RAB), including:

(i)methodology to determine the initial (opening) value of the assets as applied at the start of the relevant regulatory period and when incorporating new assets to the RAB;

(ii)methodology to re-evaluate assets;

(iii)explanations of the evolution of the value of the assets;

(iv)treatment of decommissioned assets;

(v)depreciation methodology applied to the RAB, including any changes applied to the values.

(c)the methodology to set the cost of capital;

(d)the methodology to determine the total expenditure (TOTEX) or, if applicable, operational expenditure (OPEX) and capital expenditure (CAPEX);

(e)the methodology to determine the efficiency of the cost, if applicable;

(f)the methodology applied to set the inflation;

(g)the methodology to determine premia and incentives, if applicable;

(h)non-controllable costs;

(i)services provided within the company holding, if applicable.

3.The values of the parameters used in the methodology:
(a)the detailed values of the parameters that are part of the cost of equity and cost of debt or weighted average cost of capital expressed in percentages;

(b)depreciation periods in years applicable separately to pipelines and compressors;

(c)changes to the depreciation period or in the acceleration of the depreciation applied to assets;

(d)efficiency targets in percentages;

(e)inflation indices;

(f)premia and incentives.

4.The values of costs and expenditure that are used for setting the allowed or target revenue in euro and in the local currency of:
(a)the RAB per asset type detailed per year until its full depreciation, including:

(i)the investments added to the RAB, per asset type;

(ii)the depreciation per asset type until the full depreciation of the assets;

(b)the cost of capital including the cost of equity and the cost of debt;

(c)operational expenditure;

(d)premia and incentives detailed separately per item.

5.Financial indicators to be provided for the transmission system operator. In the event of the transmission system operator being part of a larger holding or undertaking, those values shall be provided separately for the transmission system operator, including:
(a)earnings before interest, taxes, depreciation and amortisation (EBITDA);

(b)earnings before interest and taxes (EBIT);

(c)return on assets I (ROA) = EBITDA / RAB;

(d)return on assets II (ROA) = EBIT / RAB;

(e)return on equity (ROE) = Profit / Equity:

(i)return on capital employed (RoCE);

(ii)leverage ratio;

(iii)net debt / (Net debt + Equity);

(iv)net debt / EBITDA.

The regulatory authority or the transmission system operator shall provide a simplified tariff model including the disaggregated parameters and values of the methodology and allowing to replicate the calculation of the allowed or target revenue of the transmission system operator.

6.Transmission system operators shall maintain and make available to the regulatory authority upon request a daily log of the actual maintenance and flow disruptions that have occurred. Information shall also be made available on request to consumers affected by any disruption.

2. Principles of capacity-allocation mechanisms and congestion- management procedures concerning transmission system operators and their application in the event of contractual congestion

2.1.   Principles of capacity-allocation mechanisms and congestion-management procedures concerning transmission system operators

1.Capacity-allocation mechanisms and congestion-management procedures shall facilitate the development of competition and liquid trading of capacity and shall be compatible with market mechanisms including spot markets and trading hubs. They shall be flexible and capable of adapting to evolving market circumstances.

2.Those mechanisms and procedures shall take into account the integrity of the system concerned as well as security of supply.

3.Those mechanisms and procedures shall neither hamper the entry of new market participants nor create undue barriers to market entry. They shall not prevent market participants, including new entrants on the market and companies with a small market share, from competing effectively.

4.Those mechanisms and procedures shall provide appropriate economic signals for efficient and maximum use of technical capacity and facilitate investment in new infrastructure.

5.Network users shall be advised about the type of circumstance that could affect the availability of contracted capacity. Information on interruption shall reflect the level of information available to the transmission system operator.

6.Should difficulties in meeting contractual delivery obligations arise due to system integrity reasons, transmission system operators shall notify network users and seek a non-discriminatory solution without delay.

Transmission system operators shall consult network users regarding procedures prior to their implementation and agree them with the regulatory authority.

2.2.   Congestion management procedures in the event of contractual congestion

2.2.1.   General provisions

1.This point shall apply to interconnection points between adjacent entry-exit systems, irrespective of whether they are physical or virtual, between two or more Member States or within the same Member State in so far as the points are subject to booking procedures by users. This point may also apply to entry points from and exit points to third countries, subject to the decision of the relevant regulatory authority. Exit points to end-consumers and distribution networks, entry points from LNG terminals and production facilities, and entry-exit points from and to natural gas storage facilities are not subject to this point.

2.On the basis of the information published by the transmission system operators pursuant to point 3 of this Annex and, where appropriate, validated by regulatory authorities, ACER shall publish a monitoring report on congestion at interconnection points with respect to firm capacity products sold in the preceding year, taking into consideration to the extent possible capacity trading on the secondary market and the use of interruptible capacity.

The monitoring report shall be published every two years. ACER shall publish additional reports, upon a substantiated request from the Commission, no more frequently than once per year.

3.Any additional capacity made available through the application of one of the congestion-management procedures as provided for in points 2.2.2 to 2.2.5 shall be offered by the relevant transmission system operators in the regular allocation process.

2.2.2.   Capacity increase through oversubscription and buy-back scheme

1.Transmission system operators shall propose and, after approval by the regulatory authority, implement an incentive-based oversubscription and buy-back scheme in order to offer additional capacity on a firm basis. Before implementation, the regulatory authority shall consult the regulatory authorities of adjacent Member States and take account of the adjacent regulatory authorities’ opinions. Additional capacity refers to the firm capacity offered in addition to the technical capacity of an interconnection point calculated pursuant to Article 6(1).

2.The oversubscription and buy-back scheme shall provide transmission system operators with an incentive to make available additional capacity, taking account of the technical conditions, such as the calorific value, temperature and expected consumption, of the relevant entry-exit system and the capacities in adjacent networks. Transmission system operators shall apply a dynamic approach with regard to the recalculation of the technical or additional capacity of the entry-exit system.

3.The oversubscription and buy-back scheme shall be based on an incentive regime reflecting the risks of transmission system operators in offering additional capacity. That scheme shall be structured in such a way that revenue from selling additional capacity and costs arising from the buy-back scheme or measures pursuant to point 6 are shared between the transmission system operators and the network users. Regulatory authorities shall decide on the distribution of revenue and costs between the transmission system operator and the network user.

4.For the purpose of determining transmission system operators’ revenue, technical capacity, in particular surrendered capacity as well as, where relevant, capacity arising from the application of firm day-ahead use-it-or-lose-it and long-term use-it-or-lose-it mechanisms, shall be considered to be allocated prior to any additional capacity.

5.In determining the additional capacity, the transmission system operator shall take into account statistical scenarios for the likely amount of physically unused capacity at any given time at interconnection points. It shall also take into account a risk profile for offering additional capacity which does not lead to excessive buy-back obligation. The oversubscription and buy-back scheme shall also estimate the likelihood and the costs of buying back capacity on the market and reflect this in the amount of additional capacity to be made available.

6.Where necessary to maintain system integrity, transmission system operators shall apply a market-based buy-back procedure in which network users can offer capacity. Network users shall be informed about the applicable buy-back procedure. The application of a buy-back procedure is without prejudice to the applicable emergency measures.

7.Transmission system operators shall, before applying a buy-back procedure, verify whether alternative technical and commercial measures can maintain system integrity in a more cost-efficient manner.

8.When proposing the oversubscription and buy-back scheme the transmission system operator shall provide all relevant data, estimates, and models to the regulatory authority in order for the latter to assess the scheme. The transmission system operator shall regularly report to the regulatory authority on the functioning of the scheme and, upon request of the regulatory authority, provide all relevant data. The regulatory authority may request the transmission system operator to revise the scheme.

2.2.3.   Firm day-ahead use-it-or-lose-it mechanism

1.Regulatory authorities shall require transmission system operators to apply at least the rules laid down in point 3 per network user at interconnection points with respect to altering the initial nomination if, on the basis of the yearly monitoring report of ACER referred to in point 2.2.1(2), it is shown that at interconnection points demand exceeded offer, at the reserve price when auctions are used, in the course of capacity allocation procedures in the year covered by the monitoring report for products for use in either that year or in one of the subsequent two years:
(a)for at least three firm capacity products with a duration of one month;

(b)for at least two firm capacity products with a duration of one quarter;

(c)for at least one firm capacity product with a duration of one year or more; or

(d)where for at least six months no firm capacity product with a duration of one month or more has been offered.

2.If, on the basis of the yearly monitoring report of ACER referred to in point 2.2.1(2), it is shown that a situation as described in point 1 is unlikely to reoccur in the following three years, for example as a result of capacity becoming available from physical expansion of the network or termination of long-term contracts, the relevant regulatory authorities may decide to terminate the firm day-ahead use-it-or-lose-it mechanism.

3.Firm renomination is permitted up to 90 % and down to 10 % of the contracted capacity by the network user at the interconnection point. However, if the nomination exceeds 80 % of the contracted capacity, half of the non-nominated volume may be renominated upwards. If the nomination does not exceed 20 % of the contracted capacity, half of the nominated volume may be renominated downwards. The application of this point is without prejudice to the applicable emergency measures.

4.The original holder of the contracted capacity may renominate the restricted part of its contracted firm capacity on an interruptible basis.

5.Point 3 shall not apply to network users – persons or undertakings and the undertakings they control within the meaning of Article 3 of Council Regulation (EC) No 139/2004 (1) – holding less than 10 % of the average technical capacity in the preceding year at the interconnection point.

6.On interconnection points where a firm day-ahead use-it-or-lose-it mechanism in accordance with point 3 is applied, an evaluation of the relationship with the oversubscription and buy-back scheme pursuant to point 2.2.2 shall be carried out by the regulatory authority, which may result in a decision by the regulatory authority not to apply point 2.2.2 at those interconnection points. Such a decision shall be notified, without delay, to ACER and to the Commission.

7.A regulatory authority may decide to implement a firm day-ahead use-it-or-lose-it mechanism pursuant to point 3 on an interconnection point. Before adopting its decision, the regulatory authority shall consult with the regulatory authorities of adjacent Member States. When adopting its decision, the regulatory authority shall take account of the adjacent regulatory authorities’ opinions.

2.2.4.   Surrender of contracted capacity

Transmission system operators shall accept any surrender of firm capacity which is contracted by the network user at an interconnection point, with the exception of capacity products with a duration of a day and shorter period. The network user shall retain its rights and obligations under the capacity contract until the capacity is reallocated by the transmission system operator and to the extent the capacity is not reallocated by the transmission system operator. Surrendered capacity shall be considered to be reallocated only after all the available capacity has been allocated. The transmission system operator shall notify the network user without delay of any reallocation of its surrendered capacity. Specific terms and conditions for surrendering capacity, in particular where several network users surrender their capacity, shall be approved by the regulatory authority.

2.2.5.   Long-term use-it-or-lose-it mechanism

1.Regulatory authorities shall require transmission system operators to partially or fully withdraw systematically underutilised contracted capacity on an interconnection point by a network user where that user has not sold or offered under reasonable conditions its unused capacity and where other network users request firm capacity. Contracted capacity is considered to be systematically underutilised in particular where:
(a)the network user uses less than on average 80 % of its contracted capacity both from 1 April until 30 September and from 1 October until 31 March with an effective contract duration of more than one year for which no proper reasons could be provided; or

(b)the network user systematically nominates close to 100 % of its contracted capacity and renominates downwards with a view to circumventing the rules laid down in point 2.2.3(3).

2.The application of a firm day-ahead use-it-or-lose-it mechanism shall not be considered to be justification to prevent the application of point 1.

3.Withdrawal shall result in the network user losing its contracted capacity partially or completely for a given period or for the remaining effective contractual term. The network user shall retain its rights and obligations under the capacity contract until the capacity is reallocated by the transmission system operator and to the extent the capacity is not reallocated by the transmission system operator.

4.Transmission system operators shall regularly provide regulatory authorities with all the data necessary to monitor the extent to which contracted capacities with effective contract duration of more than one year or recurring quarters covering at least two years are used.

3. Definition of the technical information necessary for network users to obtain effective access to the natural gas system, the definition of all relevant points for transparency requirements and the information to be published at all relevant points and the time schedule according to which that information shall be published.

3.1.   Definition of the technical information necessary for network users to obtain effective access to the system

3.1.1.   Form of publication

1.Transmission system operators shall provide all information referred to in point 3.1.2 and points 3.3(1) to 3.3(5) in the following manner:
(a)on a website accessible to the public, free of charge and without any need to register or otherwise sign on with the transmission system operator;

(b)on a regular/rolling basis; the frequency shall be according to the changes that take place and the duration of the service;

(c)in a user-friendly manner;

(d)in a meaningful, quantifiably clear, easily accessible and non-discriminatory manner;

(e)in a downloadable format that has been agreed between transmission system operators and the regulatory authorities – on the basis of an opinion on a harmonised format that shall be provided by ACER – and that allows for quantitative and comparative analyses;

(f)in consistent units, in particular kWh (with a combustion reference temperature of 298,15 K) shall be the unit for energy content and m3 (at 273,15 K and 1,01325 bar) shall be the unit for volume. The constant conversion factor to energy content shall be provided. In addition to the format above, publication in other units is also possible;

(g)in the official languages of the Member State and in English;

(h)all data shall be made available on one Union-wide central platform, established by ENTSOG on a cost-efficient basis.

2.Transmission system operators shall provide details on actual changes to all information referred to in point 3.1.2 and points 3.3(1) to 3.3(5) in a timely manner as soon as available to them.

3.1.2.   Content of publication

1.Transmission system operators shall publish at least the following information about their systems and services:
(a)a detailed and comprehensive description of the different services offered and the corresponding charges levied;

(b)the different types of transport contracts available for these services;

(c)the network code and/or the standard conditions outlining the rights and responsibilities of all network users including:

(i)harmonised transport contracts and other relevant documents;

(ii)if relevant for access to the system, for all relevant points as defined in point 3.2, a specification of relevant gas quality parameters, including at least the gross calorific value, Wobbe index and oxygen content, and the liability or costs of conversion for network users where gas is outside those specifications;

(iii)if relevant for access to the system, for all relevant points information on pressure requirements;

(iv)the procedure in the event of an interruption of interruptible capacity, including, where applicable, the timing, extent, and ranking of individual interruptions, for example pro rata or first-come-last-interrupted;

(d)the harmonised procedures applied when using the transmission system, including the definition of key terms;

(e)provisions on capacity allocation, congestion management and anti-hoarding and reutilisation procedures;

(f)the rules applicable for capacity trade on the secondary market vis-à-vis the transmission system operator;

(g)rules on balancing and methodology for the calculation of imbalance charges;

(h)if applicable, the flexibility and tolerance levels included in transport and other services without separate charge, as well as any flexibility offered in addition to that and the corresponding charges;

(i)a detailed description of the natural gas system of the transmission system operator and its relevant points of interconnection as defined in point 3.2 as well as the names of the operators of the interconnected systems or facilities;

(j)the rules applicable for connection to the natural gas system operated by the transmission system operator;

(k)information on emergency mechanisms, as far as it is the responsibility of the transmission system operator, such as measures that can lead to the disconnection of customer groups and other general liability rules that apply to the transmission system operator;

(l)procedures agreed upon by transmission system operators at interconnection points, of relevance for access of network users to the transmission systems concerned, relating to interoperability of the network, agreed procedures on nomination and matching procedures and other agreed procedures that lay down provisions in relation to gas flow allocations and balancing, including the methods used;

(m)transmission system operators shall publish a detailed and comprehensive description of the methodology and process, including information on the parameters employed and the key assumptions, used to calculate the technical capacity.

3.2.   Definition of all relevant points for transparency requirements

1.Relevant points shall include at least:
(a)all entry and exit points to and from a transmission network operated by a transmission system operator, with the exception of exit points connected to a single final customer, and with the exception of entry points linked directly to a production facility of a single producer that is located within the Union;

(b)all entry and exit points connecting balancing zones of transmission system operators;

(c)all points connecting the network of a transmission system operator with an LNG terminal, physical natural gas hubs, storage and production facilities, unless these production facilities are exempted under point (a);

(d)all points connecting the network of a given transmission system operator to infrastructure necessary for providing ancillary services.

2.Information for single final customers and for production facilities, that is excluded from the definition of relevant points as described under point 3.2(1)(a), shall be published in aggregate format, at least per balancing zone. For the purpose of application of this Annex, the aggregation of single final customers and of production facilities, excluded from the definition of relevant points as described under point 3.2(1)(a), shall be considered to be one relevant point.

3.Where points between two or more transmission operators are managed solely by the transmission operators concerned, with no contractual or operational involvement of system users, or where points connect a transmission system to a distribution system and there is no contractual congestion at those points, transmission system operators shall be exempted for those points from the obligation to publish the requirements under point 3.3. The regulatory authority may require the transmission system operators to publish the requirements under point 3.3 for groups or all of the exempted points. In such case, the information, if available to the transmission system operator, shall be published in an aggregated form at a meaningful level, at least per balancing zone. For the purpose of application of this Annex, this aggregation of these points shall be considered to be one relevant point.

3.3.   Information to be published at all relevant points and the time schedule according to which that information shall be published

1.At all relevant points, transmission system operators shall publish the information as listed in the second subparagraph, points (a) to (g), for all services and ancillary services provided, in particular information on blending, ballasting and conversion. That information shall be published on a numerical basis, in hourly or daily periods, equal to the smallest reference period for capacity booking and renomination and the smallest settlement period for which imbalance charges are calculated. If the smallest reference period is different from a daily period, information as listed in the second subparagraph, points (a) to (g), shall be made available also for the daily period.

The following information and its updates shall be published as soon as available to the system operator (in near real time):

(a)the technical capacity for flows in both directions;

(b)the total contracted firm and interruptible capacity in both directions;

(c)the nominations and re-nominations in both directions;

(d)the available firm and interruptible capacity in both directions;

(e)actual physical flows;

(f)planned and actual interruption of interruptible capacity;

(g)planned and unplanned interruptions to firm services as well as the information on restoration of the firm services, in particular, maintenance of the system and the likely duration of any interruption due to maintenance; planned interruptions shall be published at least 42 days in advance;

(h)occurrence of unsuccessful, legally valid requests for firm capacity products with a duration of one month or longer including the number and volume of the unsuccessful requests;

(i)in the case of auctions, where and when firm capacity products with a duration of one month or longer have cleared at prices higher than the reserve price;

(j)where and when no firm capacity product with a duration of one month or longer has been offered in the regular allocation process;

(k)total capacity made available through the application of the congestion-management procedures laid down in points 2.2.2 to 2.2.5 per applied congestion-management procedure.

2.At all relevant points, the information referred to in points 3.3(1)(a), (b) and (d) shall be published at least 24 months in advance.

3.At all relevant points, transmission system operators shall publish historical information on the requirements of points 3.3(1)(a) to (g) for the past five years on a rolling basis.

4.Transmission system operators shall publish measured values of the gross calorific value, the Wobbe index, the hydrogen content blended in the natural gas system, methane content and oxygen content at all relevant points, on a daily basis. Preliminary figures shall be published at the latest three days following the respective gas day. Final figures shall be published within three months after the end of the respective month.

5.For all relevant points, transmission system operators shall publish available capacities, booked and technical capacities, on an annual basis over all years where capacity is contracted plus 1 year, and at least for the next 10 years. That information shall be updated at least every month or more frequently, if new information becomes available. The publication shall reflect the period for which capacity is offered to the market.

3.4.   Information to be published as regards the transmission system and the time schedule according to which this information shall be published

1.Transmission system operators shall ensure the publication on a daily basis and updated every day the aggregated amounts of capacities offered, and contracted on the secondary market, that is sold from one network user to another network user where the information is available to the transmission system operator. That information shall include the following specifications:
(a)interconnection point where the capacity is sold;

(b)type of capacity, that is entry, exit, firm, interruptible;

(c)quantity and duration of the capacity usage rights;

(d)type of sale, for example transfer or assignment;

(e)the total number of trades or transfers;

(f)any other conditions known to the transmission system operator as referred to in point 3.3.

In so far such information is provided by a third party, transmission system operators shall be exempted from this provision.

2.Transmission system operators shall publish harmonised conditions under which capacity transactions, for example transfers and assignments, will be accepted by them. Those conditions must at least include:
(a)a description of standardised products which can be sold on the secondary market;

(b)lead time for the implementation/acceptation/registration of secondary trades; in the case of delay the reasons have to be published;

(c)the notification to the transmission system operator by the seller or the third party as referred to in point 3.4(1) about name of seller and buyer and capacity specifications as outlined in point 3.4(1).

In so far as such information is provided by a third party, transmission system operators shall be exempted from that provision.

3.Regarding the balancing service of its system, each transmission system operator shall provide to each network user, for each balancing period, its specific preliminary imbalance volumes and cost data per individual network user, at the latest one month after the end of the balancing period. Final data of customers supplied according to standardised load profiles may be provided up to 14 months later. In so far as such information is provided by a third party, transmission system operators shall be exempted from that provision. The provision of that information shall respect confidentiality of commercially sensitive information.

4.Where flexibility services, other than tolerances, are offered for third party access, transmission system operators shall publish daily forecasts on a day-ahead basis of the maximum amount of flexibility, the booked level of flexibility and the availability of flexibility for the market for the next gas day. The transmission system operator shall also publish ex post information on the aggregate utilisation of every flexibility service at the end of each gas day. If the regulatory authority is satisfied that such information could give room to potential abuse by network users, it may decide to exempt the transmission system operator from that obligation.

5.Transmission system operators shall publish, per balancing zone, the amount of gas in the transmission system at the start of each gas day and the forecast of the amount of natural gas in the transmission system at the end of each gas day. The forecast amount of natural gas for the end of the gas day shall be updated on an hourly basis throughout the gas day. If imbalance charges are calculated on an hourly basis, the transmission system operator shall publish the amount of gas in the transmission system on an hourly basis. Alternatively, transmission system operators shall publish, per balancing zone, the aggregate imbalance position of all users at the start of each balancing period and the forecast of the aggregated imbalance position of all users at the end of each gas day. If the regulatory authority is satisfied that such information could give room to potential abuse by network users, it may decide to exempt the transmission system operator from that obligation.

6.Transmission system operators shall provide user-friendly instruments for calculating tariffs.

7.Transmission system operators shall keep at the disposal of the relevant national authorities, for at least five years, effective records of all capacity contracts and all other relevant information in relation to calculating and providing access to available capacities, in particular individual nominations and interruptions. Transmission system operators must keep documentation of all relevant information under points 3.3(4) and (5) for at least five years and make them available to the regulatory authority upon request. Both parties shall respect commercial confidentiality.

8.Transmission system operators shall publish at least annually, by a predetermined deadline, all planned maintenance periods that might affect network users’ rights from transport contracts and corresponding operational information with adequate advance notice. That shall include the publication of any changes to planned maintenance periods and notification of unplanned maintenance in a prompt and non-discriminatory manner, as soon as that information becomes available to the transmission system operator. During maintenance periods, transmission system operators shall publish regularly updated information on the details of and expected duration and effect of the maintenance.

4. Format and content of the publication of technical information on network access by hydrogen network operators and information to be published at all relevant points and time schedule

4.1.   Format of the publication of technical information on network access

1.Hydrogen network operators shall provide all information necessary for network users to obtain effective access to the network referred to in points 4.2 and 4.3 in the following manner:
(a)on a website accessible to the public, free of charge and without any need to register or otherwise sign on with the hydrogen network operator;

(b)on a regular/rolling basis; the frequency shall be according to the changes that take place and the duration of the service;

(c)in a user-friendly manner;

(d)in a clear, quantifiable, easily accessible and non-discriminatory manner;

(e)in a downloadable format that has been agreed between hydrogen network operators and the regulatory authorities – on the basis of an opinion on a harmonised format that shall be provided by ACER – and that allows for quantitative analyses;

(f)in consistent units, in particular kWh shall be the unit for energy content and m3 shall be the unit for volume; the constant conversion factor to energy content shall be provided; in addition, publication in other units is also possible;

(g)in the official languages of the Member State and in English;

(h)all data shall be made available from 1 October 2026 on one Union-wide central platform, established by the ENNOH on a cost-efficient basis.

2.Hydrogen network operators shall provide details on actual changes to all information referred to in points 4.2 and 4.3 in a timely manner as soon as available to them.

4.2.   Content of the publication of technical information on network access

1.Hydrogen network operators shall publish at least the following information about their systems and services:
(a)a detailed and comprehensive description of the different services offered and their charges;

(b)the different types of transport contracts available for those services;

(c)the network codes and/or the standard conditions outlining the rights and responsibilities of all network users including:

(i)harmonised transport contracts and other relevant documents;

(ii)if relevant for access to the network, for all relevant points, a specification of relevant hydrogen quality parameters and the liability or costs of conversion for network users where hydrogen is outside those specifications;

(iii)if relevant for access to the system, for all relevant points information on pressure requirements;

(d)the harmonised procedures applied when using the hydrogen network, including the definition of key terms;

(e)if applicable, the flexibility and tolerance levels included in transport and other services without separate charge, as well as any flexibility offered in addition thereto and the corresponding charges;

(f)a detailed description of the hydrogen network of the hydrogen network operator and its relevant points of interconnection as defined in point 2 as well as the names of the operators of the interconnected networks or facilities;

(g)the rules applicable for connection to the network operated by the hydrogen network operator;

(h)information on emergency mechanisms, as far as it is the responsibility of the hydrogen network operator, such as measures that can lead to the disconnection of customers groups and other general liability rules that apply to the hydrogen network operator;

(i)procedures agreed upon by hydrogen network operators at interconnection points, of relevance for access of network users to the hydrogen network concerned, relating to interoperability of the network.

2.Relevant points shall include at least:
(a)all entry and exit points to and from a hydrogen network operated by a hydrogen network operator, with the exception of exit points connected to a single final customer, and with the exception of entry points linked directly to a production facility of a single producer that is located within the Union;

(b)all entry and exit points connecting the networks of hydrogen network operators;

(c)all points connecting the network of a hydrogen network operator with an LNG terminal, hydrogen terminals, physical natural gas hubs, storage and production facilities, unless those production facilities are exempted under point (a);

(d)all points connecting the network of a particular hydrogen network operator to infrastructure necessary for providing ancillary services.

3.Information for single final customers and for production facilities, that is excluded from the definition of relevant points as described under point 2(a) shall be published in aggregate format and shall be considered as a single relevant point.

4.3.   Information to be published at all relevant points and time schedule

1.At all relevant points, hydrogen network operators shall publish the information as listed in the second subparagraph, points (a) to (g), for all services on a numerical basis, in hourly or daily periods.

The following information and its updates shall be published in near real time:

(a)the technical capacity for flows in both directions;

(b)the total contracted capacity in both directions;

(c)the nominations and re-nominations in both directions;

(d)the available capacity in both directions;

(e)actual physical flows;

(f)planned and actual interruption of capacity;

(g)planned and unplanned interruptions to services; planned interruptions shall be published at least 42 days in advance.

2.At all relevant points, the information referred to in points 1(a), (b) and (d) shall be published for a period of at least 24 months ahead.

3.At all relevant points, hydrogen network operators shall publish historical information on the requirements of points 1(a) to (f) for the past five years on a rolling basis.

4.Hydrogen network operators shall publish measured values of the hydrogen purity and contaminants at all relevant points, on a daily basis. Preliminary figures shall be published at the latest within three days. Final figures shall be published within three months after the end of the respective month.

5.Further details required to implement points 4.1, 4.2 and 4.3, for example details on the format and content of the information necessary for network users for effective access to the network, information to be published at relevant points and details on time schedules, shall be set in a network code established pursuant to Article 70.


(1) Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).


ANNEX II

Repealed Regulation with list of the successive amendments thereto

Regulation (EC) No 715/2009 of the European Parliament and of the Council (OJ L 211, 14.8.2009, p. 36)
Commission Decision 2010/685/EU (OJ L 293, 11.11.2010, p. 67)
Commission Decision 2012/490/EU (OJ L 231, 28.8.2012, p. 16)
Regulation (EU) No 347/2013 of the European Parliament and of the Council (OJ L 115, 25.4.2013, p. 39)(Only Article 22)
Commission Decision (EU) 2015/715 (OJ L 114, 5.5.2015, p. 9)
Regulation (EU) 2018/1999 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1)(Only Article 50)
Regulation (EU) 2022/869 of the European Parliament and of the Council (OJ L 152, 3.6.2022, p. 45)(Only Article 25)
Regulation (EU) 2022/1032 of the European Parliament and of the Council (OJ L 173, 30.6.2022, p. 17(Only Article 2)


ANNEX III

Correlation table

Regulation (EC) No 715/2009This Regulation
Article 1, first paragraph, introductory wordingArticle 1, first paragraph, introductory wording
Article 1, first paragraph, point (a)Article 1, first paragraph, point (a)
Article 1, first paragraph, point (b)—
Article 1, first paragraph, point (c)Article 1, first paragraph, point (b)
Article 1, second, third and fourth paragraphsArticle 1, second, third and fourth paragraphs
Article 2(1), introductory wordingArticle 2(1), introductory wording
—Article 2(1), point (1)
Article 2(1), point (1)Article 2(1), point (2)
Article 2(1), point (2)Article 2(1), point (3)
Article 2(1), point (3)Article 2(1), point (4)
Article 2(1), point (4)Article 2(1), point (5)
Article 2(1), point (5)Article 2(1), point (6)
Article 2(1), point (6)Article 2(1), point (7)
Article 2(1), point (7)Article 2(1), point (8)
Article 2(1), point (8)Article 2(1), point (9)
Article 2(1), point (9)Article 2(1), point (10)
Article 2(1), point (10)Article 2(1), point (11)
Article 2(1), point (11)Article 2(1), point (12)
Article 2(1), point (12)Article 2(1), point (13)
Article 2(1), point (13)Article 2(1), point (14)
Article 2(1), point (14)Article 2(1), point (15)
Article 2(1), point (15)Article 2(1), point (16)
Article 2(1), point (16)Article 2(1), point (17)
Article 2(1), point (17)Article 2(1), point (18)
Article 2(1), point (18)Article 2(1), point (19)
Article 2(1), point (19)Article 2(1), point (20)
Article 2(1), point (20)Article 2(1), point (21)
Article 2(1), point (21)Article 2(1), point (22)
Article 2(1), point (22)Article 2(1), point (23)
Article 2(1), point (23)Article 2(1), point (24)
Article 2(1), point (24)Article 2(1), point (25)
Article 2(1), point (25)Article 2(1), point (26)
Article 2(1), point (26)Article 2(1), point (27)
Article 2(1), point (27)Article 2(1), point (28)
Article 2(1), point (28)Article 2(1), point (29)
—Article 2(1), points (30) to (83)
Article 2(2)Article 2(2)
—Articles 3, 4 and 5
Article 14(1)Article 6(1)
—Article 6(2)
Article 14(2)Article 6(3)
—Article 6(4)
Article 14(3)Article 6(5)
—Article 6(6) and (7)
—Article 7
Article 15(1) and (2)Article 8(1) and (2)
—Article 8(3)
Article 15(3)Article 8(4)
Article 15(4)Article 8(5)
Article 15(5)Article 8(6)
—Article 8(7)
—Article 9
Article 16(1), (2) and (3)Article 10(1), (2) and (3)
Article 16(5)Article 10(4)
Article 16(4)—
Article 17Article 11
Article 22Article 12
Article 21Article 13
Article 3Article 14
Article 3aArticle 15
—Article 16
Article 13Article 17(1), (2) and (3)
—Article 17(4) and (5)
—Articles 18 to 23
Article 4Article 24
Article 5Article 25
Article 8(1), (2) and (3)Article 26(1), (2) and (3), first subparagraph, points (a), (b), (c), (e), (f) and (g)
—Article 26(3), first subparagraph, points (d), (h) and (i)
—Article 26(3), second subparagraph
Article 8(4)Article 26(4), first subparagraph
—Article 26(4), second and third subparagraphs
Article 8(5), (7), (8) and (9)Article 26(5) to (8)
Article 8(11) and (12)Article 26(9) and (10)
—Article 26(11)
Article 9Article 27
Article 24Article 28
Article 10Article 29
Article 11Article 30
Article 12Article 31
Article 8(10)Article 32
Article 18(1) to (6)Article 33(1) to (6)
—Article 33(7)
Article 19(1)Article 34(1)
—Article 34(2)
Article 19(2) to (5)Article 34(3) to (6), first subparagraph
—Article 34(6), second subparagraph
Article 20Article 35
—Articles 36 to 70
Article 8(6), points (a), (b), (f), (h) and (l)Article 71(1), points (a) to (e)
—Article 71(1), point (f)
Article 8(6), points (e), (g), (j) and (k)Article 71(2), points (a) to (d)
—Article 71(2), point (e)
Article 8(6), points (c), (d) and (i)—
Article 6(1), (2) and (3)Article 71(3), (4) and (5)
—Article 71(6)
Article 6(4), (5) and (6)Article 71(7), (8) and (9)
—Article 71(10)
Article 6(7) and (8)—
Article 6(9) to (12)Article 71(11) to (14)
—Article 71(15)
—Article 72
Article 7Article 73
Article 23Article 74
Article 26Article 75
Article 25Article 76(1) and (2)
—Article 76(3) to (7)
Article 27(1) and (2)Article 77(1) and (3)
—Article 77(2)
—Article 78
Article 30Article 79
—Article 80
Article 28(1)Article 81(1)
Article 28(2)—
—Article 81(2) and (3)
—Articles 82 to 87
Article 31Article 88
Article 32Article 89
Annex IAnnex I
—Annex II
Annex IIIAnnex III


ELI: http://data.europa.eu/eli/reg/2024/1789/oj

ISSN 1977-0677 (electronic edition)